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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
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
Last week, the CFPB filed an amicus brief in the Second Circuit in Otoe-Missouria Tribe of Indians et al. v. New York Department of Financial Services, a case in which online tribal payday lenders are challenging regulation by New York... Continue reading
Posted Nov 20, 2013 at CL&P Blog
For those in New Haven: I'll be giving a talk about plaintiff-side appellate advocacy at noon tomorrow (Thursday) at Yale Law School. Among other things, I'll discuss the advocacy imbalance facing consumers, workers, and other plaintiffs in the appellate courts... Continue reading
Posted Nov 20, 2013 at CL&P Blog
by Deepak Gupta Jeff and Brian have already posted on the news of a final settlement in Mount Holly. Although we've known all along that a settlement was likely, this is still big news. Let's put this in perspective: For... Continue reading
Posted Nov 14, 2013 at CL&P Blog
by Deepak Gupta If you'll be in New Orleans tomorrow (Friday, Nov. 15), I hope you'll drop by the Hyatt French Quarter for the Louisiana Bar's consumer law seminar. Among other things, Professor Dalie Jimenez of the University of Connecticut... Continue reading
Posted Nov 14, 2013 at CL&P Blog
by Deepak Gupta We've blogged before about Mount Holly--the Supreme Court case about the future of disparate impact in housing and lending discrimination. (My firm represents current and former Members of Congress in the case). All along, it's seemed possible... Continue reading
Posted Nov 6, 2013 at CL&P Blog
by Deepak Gupta On April 4, 1968, Dr. Martin Luther King Jr. was assassinated as he stood on the balcony of the Lorraine Motel in Memphis. His killing sparked a fresh round of riots in cities nationwide. Nearly two dozen... Continue reading
Posted Oct 28, 2013 at CL&P Blog
by Deepak Gupta In a 70-page opinion by Justice Goodwin Liu, the California Supreme Court on Thursday issued its eagerly anticipated decision in Sonic-Calabasas v. Moreno. Addressing the impact of both AT&T Mobility v. Concepcion and American Express v. Italian... Continue reading
Posted Oct 20, 2013 at CL&P Blog
Jeffrey Bils, a UCLA law student, has published Fighting Unfair Credit Reports: A Proposal to Give Consumers More Power to Enforce the Fair Credit Reporting Act, in the latest UCLA Law Review Discourse. Here's a summary: Credit reports play a... Continue reading
Posted Oct 15, 2013 at CL&P Blog
by Deepak Gupta I thought readers might be interested in a new appeal that my firm is handling in the Ninth Circuit, Moran v. The Screening Pros, concerning the state and federal regulation of background-check companies. You can read our... Continue reading
Posted Oct 14, 2013 at CL&P Blog
by Deepak Gupta We've already blogged here quite a bit in the past few days about our rehearing petition in the Third Circuit class-action case of Carrerra v. Bayer -- including this post on a recent column by Alison Frankel... Continue reading
Posted Oct 8, 2013 at CL&P Blog
by Deepak Gupta Back in June, I blogged about my firm's constitutional challenge to New York's credit-card surcharge law -- a law that aims to protect credit card company profits by preventing merchants from communicating the true cost of credit... Continue reading
Posted Oct 3, 2013 at CL&P Blog