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Deepak Gupta
Washington, DC
202.470.3826 | | Deepak Gupta is a lawyer in private practice specializing in Supreme Court and appellate litigation, with an emphasis on class actions, consumers' and workers' rights, and constitutional law. He is an Adjunct Professor of Law at both Georgetown and American universities, teaching courses on public interest and appellate advocacy. Deepak was Senior Litigation Counsel and Senior Counsel for Enforcement Strategy at the Consumer Financial Protection Bureau during the agency's historic founding in 2011-2012. He has briefed and argued cases before the U.S. Supreme Court, federal courts nationwide, and several state supreme courts. Deepak argued in the Supreme Court on behalf of the consumers in AT&T Mobility v. Concepcion, a landmark case concerning class-action bans in arbitration clauses.
Interests: Consumer law and policy, Supreme Court and appellate litigation, class actions, constitutional law, arbitration, preemption, the civil justice system
Recent Activity
The CFPB's field hearing on payday lending is underway, and is being livestreamed at the Bureau's website. Watch it here. Continue reading
Posted yesterday at CL&P Blog
Prolific class action scholar (and former Scalia clerk) Brian Fitzpatrick of Vanderbilt Law has just posted to SSRN an interesting new paper foreseeing and lamenting the effects of his former boss's handiwork in AT&T Mobility v. Concepcion and American Express... Continue reading
Posted Mar 16, 2015 at CL&P Blog
The following consumer advocates will be live-tweeting today's CFPB field hearing on arbitration, which gets underway at 11am. Ellen Taverna, NACA – @NACAdvocate Christine Hines, Public Citizen – @chrhines Michelle Schwartz, Alliance for Justice – @SchwartzAFJ NCLC – @NCLC4consumers AFR... Continue reading
Posted Mar 10, 2015 at CL&P Blog
Here's the text of CFPB Director Richard Cordray's remarks on the arbitration report, to be delivered at today's field hearing in Newark. He summarizes the legal backdrop to the Bureau's report, its empirical approach, and its key findings (which I've... Continue reading
Posted Mar 10, 2015 at CL&P Blog
Here's the transcript of this morning's Supreme Court arguments in Texas Department of Housing, the case about disparate-impact liability under the Fair Housing Act. Continue reading
Posted Jan 21, 2015 at CL&P Blog
About an hour ago, the Supreme Court finished hearing oral argument on whether disparate impact claims are cognizable under the Fair Housing Act (as every circuit to address the issue has held since the Act's enactment in 1968). This blog... Continue reading
Posted Jan 21, 2015 at CL&P Blog
The President highlighted consumer issues several times in his speech tonight. Here's some of the relevant text: On Dodd-Frank and the CFPB: "We believed that sensible regulations could prevent another crisis, shield families from ruin, and encourage fair competition. Today,... Continue reading
Posted Jan 20, 2015 at CL&P Blog
Lauren Willis (of Loyola Los Angeles) and Theresa Amato (of the Fair Contracts Project) have a great op-ed in today's Los Angeles Times on what to do about consumer financial illiteracy. "There are dozens of entities devoted to educating you... Continue reading
Posted Jan 13, 2015 at CL&P Blog
Just two days after a federal judge in South Dakota rejected a bid by First Premier Bank for a gag order against the credit-card-comparison site, the subprime credit card issuer abandoned its controversial lawsuit in a one-sentence document filed... Continue reading
Posted Jan 12, 2015 at CL&P Blog
by Maura Dundon (Senior Policy Counsel, Center for Responsible Lending) The sale of Corinthian Colleges (the for-profit college chain that operates Everest, WyoTech, and Heald) to the student loan debt collector ECMC is poised to close today. The deal has... Continue reading
Posted Jan 12, 2015 at CL&P Blog
by Deepak Gupta The Eleventh Circuit issued issued a very comprehensive and well reasoned opinion this week on a hot issue in consumer class-action practice: Can a defendants' attempt to "pick off" a class representative moot the class action? Or,... Continue reading
Posted Dec 3, 2014 at CL&P Blog
by Deepak Gupta In today's Los Angeles Times, consumer columnist David Lazarus takes a look at the practice of for-profit debt collectors renting out the seal and letterhead of local California prosecutors -- the target of a new class-action lawsuit... Continue reading
Posted Dec 2, 2014 at CL&P Blog
by Deepak Gupta Since its inception, this blog has covered the pernicious practice of prosecutors who rent out their name and authority to private for-profit debt collectors. As readers may recall, these debt collectors use official-looking letterhead to threaten consumers... Continue reading
Posted Nov 13, 2014 at CL&P Blog
by Deepak Gupta Perhaps betting that the third time's a charm, the Supreme Court this morning once again granted a petition over whether disparate-impact claims -- based on seemingly neutral practices with discriminatory effects -- are cognizable under the Fair... Continue reading
Posted Oct 2, 2014 at CL&P Blog
John Oliver's comedy news-in-review show on HBO, "Last Week Tonight," had an excellent segment on payday loans last night. The show was well researched and probably exposed many people to these issues for the first time. Among other things, it... Continue reading
Posted Aug 11, 2014 at CL&P Blog
by Deepak Gupta When Roz Terrill wrote a $41 check at the local Goodwill store to buy clothes for her two special-needs children, she had no idea it would lead to threats of criminal prosecution against her. Because of a... Continue reading
Posted Jul 31, 2014 at CL&P Blog
by Deepak Gupta The payday lenders' main trade association, the Community Financial Services Association, brought an unusual lawsuit this week against three federal regulators -- the Fed, the FDIC, and the OCC -- in an effort to challenge a controversial... Continue reading
Posted Jun 7, 2014 at CL&P Blog
Co-blogger Paul Bland, the new Executive Director of Public Justice, was recently interviewed by Media Matters. In an engaging interview in his office Paul discusses his singular career as a champion for consumer rights, the importance of class actions as... Continue reading
Posted May 18, 2014 at CL&P Blog
by Deepak Gupta Despite an unusually full-throated public-relations campaign and amicus effort by the tort-reform lobby, the Supreme Court this morning turned aside three petitions for certiorari from the Sixth, Seventh, and Ninth Circuits concerning the propriety of class certification... Continue reading
Posted Feb 24, 2014 at CL&P Blog
by Ed Mierzwinski (guest post) I testified Monday at a Senate Banking hearing on the Target breach. The chair of the subcommittee, Mark Warner, indicated support for the longtime consumer-group position that consumer debit-card liability should be made equal to... Continue reading
Posted Feb 6, 2014 at CL&P Blog
Does federal law require debt collectors to give consumers the right to make oral disputes (as the Second and Ninth Circuits have held), or may debt collectors insist that any disputes be made in writing (as the Third Circuit has... Continue reading
Posted Jan 31, 2014 at CL&P Blog
I recently discussed the Ninth Circuit appeal in Cabral v. Supple, a fascinating case about consumer fraud class actions, infomercials, snake oil, the placebo effect, and behavioral economics. Our opening brief was filed last week. Yesterday, three organizations filed amicus... Continue reading
Posted Jan 23, 2014 at CL&P Blog
by Deepak Gupta Should a defendant in a consumer fraud class action be able to defeat certification through evidence that its customers say they are "satisfied," even when the the allegation is that the product is snake oil? Or would... Continue reading
Posted Jan 20, 2014 at CL&P Blog
by Deepak Gupta In a much-anticipated decision, the Fifth Circuit held today that the National Labor Relations Board overstepped its authority when it ruled that an employer violated federal labor law by requiring its employees to sign an arbitration agreement... Continue reading
Posted Dec 3, 2013 at CL&P Blog