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Let’s Set The Record Straight: Consumer Legal Funding is Not Litigation Finance

Let’s Set The Record Straight: Consumer Legal Funding is Not Litigation Finance

The following piece was contributed by Eric Schuller, President of the Alliance for Responsible Consumer Legal Funding (ARC). Consumer Legal Funding, in its various forms, is pretty mundane. It covers living expenses, such as rent, food, clothes and keeping the lights on. It might even enable a family to provide Christmas or birthday gifts for their children. In every case, its sole purpose is to help individuals and families alleviate the cash-flow problems that arise in the wake of an accident or other tragic circumstances, while the individuals and families are seeking compensation for their situation. It has nothing to do with financing of the litigation. What is happing is that groups and individuals who are not taking the time and effort to know the differences between the two different products and are lumping them together. They are saying all transactions where a party to litigation receives any monetary resources from a non-party are considered Third Party-Litigation- Financing (TPLF). It paints a bleak picture of “foreign adversaries . . . undermining U.S. national economic and security interests through the infiltration of the American litigation system,” and it is the end of the free world as we know it. Consumer Legal Funding is nothing like that, it helps a consumer meet their financial obligations while their legal claim is making its way through the justice system. It does not pay for deposition cost. It does not pay for legal fees or expenses. Most of the time the funds go to help a consumer who has had a car accident bridge the financial gap, but there are other times where it goes to help a person who was wrongfully convicted and spent nearly two decades of their life in prison for a crime they did not commit. Consumer legal funding helped them get their life back in assisting with living expenses while they got the justice they so justly deserved. It helped a Police Officer pay to keep a roof over their family’s head while they had their day in court after being wrongfully discharged. Then the case of a single mother of three who was going back to college to make a better life for her children and had to move out of their home because of a toxic mold infestation. She used consumer legal funding to pay for a mobile home so she and her three children could live in a safe, toxic-free, environment while the situation was fixed. There is the case when a 16-year-old was made a quadriplegic due to medical negligence. The family had to modify their home to make accommodations to care for their loved one. Consumer legal funding was the only way they were able to take care of their teenager while the case made its way through the long legal system. Another was a woman was involved in a car accident and her teeth were shattered because of the accident. She used consumer legal funding to get a new set of teeth. She said, “it gave me my smile back”. Finally, there have been times where consumer legal funding was used to help pay for funeral expenses of a loved one that was tragically killed in an accident. Sadly, some families had no other means of taking their loved one to their final resting place if it had not been for consumer legal funding. But what is happening are those groups and individuals that do not take the time, or want to take the time, to learn what consumer legal funding really is. They hear terms like, “corrupting the legal system”, “leads to filing frivolous litigation” and the latest is “foreign governments are leading to international sabotage of our courts”. Then charge ahead saying “the sky is falling; the sky is falling”.
  • How does giving money to a single mother so she can have her children live in a toxic free environment lead to “international sabotage”?
  • How does allowing a person who spent nearly 2 decades of their life living in 48 square foot space corrupting the legal system?
  • How does allowing a person to get their smile back lead to frivolous litigation?
Litigation Financing is just that “financing of the litigation”. It is used to pay for lawyers. It is used to pay for depositions. It is used to pay for expert witnesses. It is used to pay court costs. None of which consumer legal funding does. In fact, in the legislation that we have promoted we specifically state the funds we provide to a consumer cannot be used for those purposes. Don’t be fooled by someone who is throwing out buzz words that make one think we are on the brink of judicial destruction by confusing Consumer Legal Funding with Litigation Financing. They both may be fruit. But one is an apple and one is an orange. Eric Schuller President Alliance for Responsible Consumer Legal Funding
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ARC Defends Consumer Legal Funding as Free Market Financial Tool

By John Freund |

A recent article in the National Law Review by Eric K. Schuller offers a strong endorsement of Consumer Legal Funding (CLF) as a market-driven solution to the financial challenges faced by individuals pursuing legal claims. Schuller, who serves as President of the Alliance for Responsible Consumer Legal Funding (ARC), presents CLF as a voluntary, non-coercive financial tool that allows consumers to maintain stability and independence while waiting for their legal cases to resolve.

In the article, Schuller argues that CLF enables consumers to access much-needed funds on their own terms, without government mandates or subsidies. The availability of CLF helps consumers avoid settling their claims prematurely out of financial desperation. Instead, it gives them the breathing room to hold out for fair outcomes. Schuller emphasizes that the funding process is entirely optional, typically involves attorney consultation, and occurs in a competitive marketplace that encourages innovation in pricing, transparency, and service.

Schuller outlines three key benefits of CLF. First, it helps individuals resist lowball settlement offers by reducing financial pressure. Second, it provides support for essential living expenses such as rent, groceries, and utilities while legal proceedings continue. Third, it preserves consumer autonomy by allowing recipients to use the funds as they see fit, unlike government programs that often come with use restrictions.

The article also makes the case that CLF is faster and more accessible than public assistance programs, which often involve delays and eligibility hurdles. Schuller notes that in states with existing CLF regulations, laws already prohibit funders from influencing legal strategy or interfering with the attorney-client relationship, reinforcing the consumer-focused nature of the product.

He pushes back against critics who claim that CLF inflates litigation costs or interferes with the legal process. Instead, Schuller frames CLF as a form of personal finance, not litigation financing, and stresses that it is provided at no cost to taxpayers.

Legal Bay to Expand Focus on Wrongful Termination and Commercial Litigation in 2026

By John Freund |

Legal Bay LLC, a pre settlement funding firm, has announced plans to significantly expand its focus on wrongful termination and commercial litigation funding in 2026.

According to a recent press release, the company cited a sharp rise in workplace lawsuits tied to return to office mandates, including claims of retaliation, sexual harassment, whistleblower retaliation, and employment discrimination. While Legal Bay has a long track record of supporting plaintiffs in employment disputes, the firm stated that the growing volume and complexity of these cases has created an urgent need for increased resources and capital allocation.

Chris Janish, CEO of Legal Bay, stated that many litigation funders tend to shy away from large or complicated matters. Legal Bay, by contrast, plans to ramp up its funding support for claimants facing job loss due to alleged wrongful termination. Janish emphasized that the company will dedicate substantial resources in the year ahead to meet the needs of plaintiffs in protracted legal battles.

Legal Bay offers non recourse cash advances, often within 24 to 48 hours of documentation, to plaintiffs seeking back pay, lost benefits, or other damages in connection with workplace disputes. The company’s funding is structured so that plaintiffs owe nothing if their case does not result in a favorable outcome.

Consumer Legal Funding Is a Lifeline for Americans Living Paycheck to Paycheck

By Eric Schuller |

The following was contributed by Eric K. Schuller, President, The Alliance for Responsible Consumer Legal Funding (ARC).

In today’s economy, far too many Americans are walking a financial tightrope. New data from the Bank of America Institute shows that 24 percent of U.S. households now spend more than 95 percent of their income on basic necessities such as rent, groceries, utilities and transportation. That number jumps to 29 percent among lower income households.

Even more surprising, this strain is not limited to those on the lower end of the income ladder. A recent report from Fortune found that 41 percent of workers earning between $300,000 and $500,000, and 40 percent of those earning more than $500,000, say they too are living paycheck to paycheck. Lifestyle costs, debt and high inflation have eroded financial resilience even at the upper end of the income scale.

When an unexpected injury occurs, these households do not simply experience inconvenience. They experience crisis. Income stops or drops. Medical bills rise. Transportation becomes a barrier. Childcare becomes more complicated. Daily life becomes harder and more expensive, just as a legal claim begins the long march through the justice system.

This is the reality facing millions of Americans. It is also why Consumer Legal Funding exists.

The Delay Between Injury and Justice Creates Hardship

After an accident, a consumer who has a valid legal claim. But that claim will take time to resolve. Insurance negotiations, medical assessments and legal reviews do not operate on the timeline of rent due on the first of the month. Consumers cannot tell the electric company to wait until their settlement arrives. They cannot tell the landlord that the case is moving slowly. Yet all of those bills continue to accumulate.

For people who already have no financial cushion, even a short interruption in income can be catastrophic. Families fall behind on rent. Utilities get disconnected. Cars fall into repossession. Groceries become unaffordable.

These pressures far too often push consumers into accepting low settlement offers simply to survive. That is not justice. That is coercion.

Consumer Legal Funding Helps Consumers Survive the Wait

Consumer Legal Funding provides consumers with access to a portion of the future proceeds of their legal claim. Those funds help pay for essential daily expenses, such as:

• Rent and utilities
• Groceries and basic household needs
• Car payments and repairs
• Childcare and family necessities
• Transportation to medical appointments

This support is not used to pay attorney fees or litigation expenses. It is used to keep food on the table and a roof over a family’s head. It is, quite literally, the difference between stability and crisis while consumers await a fair resolution.

Equally important, Consumer Legal Funding is non-recourse. If the consumer does not win or settle their case, they owe nothing. No debt is created. No financial penalty follows them. The risk is on the funding company, not the consumer.

In a financial landscape where payday loans, credit cards and title loans can trap people in cycles of debt, Consumer Legal Funding offers a safer alternative that respects their long term financial well being.

Leveling the Playing Field

Consumer Legal Funding gives consumers the ability to withstand delay tactics. It gives them the time they need for their attorney to negotiate properly. It allows the civil justice system to work on the merits of the case, not the desperation of the injured person.

In an economy where both low income and high-income earners are struggling to stay afloat, tools that protect fairness in the justice system have never been more important.

A Necessary Safety Net for a Fragile Economy

The numbers paint a clear picture. Whether someone earns $40,000 or $400,000, far too many Americans are living without a financial buffer. A single injury can create a domino effect that jeopardizes a family’s housing, transportation, health and financial future.

Consumer Legal Funding does not solve every challenge. But it solves one critical one: it keeps consumers stable during the long wait for justice. It prevents them from being forced into unfair settlements. And it protects them from predatory financial alternatives that create long term harm.

In short, it helps Americans in their moment of need.

Funding Lives, Not Litigation

Consumer Legal Funding exists for one purpose: to help people survive while their legal claim makes its way through the system. It allows injured consumers to focus on recovery, not crisis. It restores balance against powerful insurance companies. And it ensures fairness is not compromised because someone cannot afford to wait for what they are rightfully owed.

Consumer Legal Funding is about Funding Lives, Not Litigation. And in an economy where far too many Americans are living paycheck to paycheck, that mission has never been more essential.