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Why is There an Assault on the Poorest Amongst Us?

June 12, 2019

Why is There an Assault on the Poorest Amongst Us?

This article was contributed by Eric Schuller, President of the Alliance for Responsible Consumer Legal Funding (ARC). “Millions of Americans Are Just 1 Paycheck Away From ‘Financial Disaster’” was the title in a recent story in Barron’s. The article stated that 51% of working adults in the US would need to access savings to cover necessities if they missed more than one paycheck. That is the equivalent of over 78.2 million Americans. The story went on to state that “roughly two-thirds of households earning less than $30,000 annually and Hispanic households would not be able to cover basic living expenses.” That is the equivalent of over 101.2 million Americans. Consumer Legal Funding is a vital resource for those very Americans. Funding allows the 101.2 million Americans who cannot cover basic living expenses to bridge that gap while their legal claims make their way through the system. With some cases taking several months – if not years – to settle, these Americans need help today. Consumer Legal Funding allows them to pay their mortgages, put food on their tables and keep a roof over their heads while the Insurance industry slow-walks their legal claims. Perhaps the most chilling revelation here is that the Insurance industry, led by the US Chamber of Commerce, supported legislation to eliminate Consumer Legal Funding in two of the top-10 poorest states in the country: first in Arkansas, where 15.4% of the population lives in poverty, and just last week in West Virginia, where the poverty rate is 17.7%. What is even more striking, is that those are two of the top-10 hungriest states in the US. In West Virginia, 14.9% of the population goes hungry, and in Arkansas the rate is 17.4%. The elimination of Consumer Legal Funding in these two states was implemented merely to increase Insurance industry profits, and force consumers to accept lowball offers (as an aside: State Farm ended 2018 with a net worth of over $100 Billion). Thanks to the latest legislation that went into effect on June 5, 2019 in West Virginia, residents who need Consumer Legal Funding assistance will no longer be able to access it. Take for example, Patressa from Barboursville, WV, who said: “I am completely broke financially due to a car accident. I have medical needs and doctor appointments that I need to go to.” Now Patressa is among the 1.8 million residents of West Virginia who no longer have access to alternative funds while their cases are pending in the legal system. As a result, Patressa will be forced to accept an offer for less than what she deserves. One of the most heartbreaking responses to the recent legislation comes from Victoria of Clarksburg, WV, who stated quite candidly that she “needed the money so I could have a place to live.” Who can the 4.8 million Patressa’s and Victoria’s of West Virginia and Arkansas turn to for help? How will they meet their medical needs? How will they find a place to live? Eric Schuller President Alliance for Responsible Consumer Legal Funding (ARC)

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Legal-Bay Flags NY Archdiocese at “Critical Crossroads” Amid Nearly 2,000 Abuse Lawsuits

By John Freund |

Legal-Bay Pre-Settlement Funding has issued a sector update flagging the Archdiocese of New York as approaching a "critical crossroads" in its handling of nearly 2,000 sex abuse lawsuits, with plaintiffs' counsel pursuing settlements estimated to total approximately $2 billion against an institution whose financial position cannot currently meet that demand.

According to Legal-Bay's report via PR Newswire, the Archdiocese — covering Manhattan, the Bronx, and seven Hudson Valley counties — is weighing two paths: a global settlement funded in part by parish-level contributions, or a Chapter 11 bankruptcy filing of the kind already pursued by multiple U.S. dioceses confronting similar exposure. CEO Chris Janish, who recently sat for an LFJ Conversation, noted that "a bankruptcy would introduce significant complexity and could further delay compensation for victims."

Legal-Bay points to a series of recent diocese settlements as comparative benchmarks: Albany, NY ($148M pending), Rockville Centre, NY ($323M approved), Rochester, NY ($246M-$256M approved), Syracuse, NY ($176M approved), Buffalo, NY ($150M-$274M proposed), Camden, NJ ($180M pending), and New Orleans, LA ($230M pending). The cumulative outcomes underline both the scale of historic abuse claims now in the U.S. court system and the practical reality that institutional defendants of this size frequently end up resolving claims through structured insolvency proceedings rather than direct settlements.

For the consumer legal funding industry, the matter is operationally significant. Pre-settlement funders active in this space — Legal-Bay among them — provide cash advances to plaintiffs whose cases face the long, uncertain timelines characteristic of institutional abuse litigation. The longer cases run before resolution, the more important non-recourse advances become for plaintiffs facing their own financial pressures during proceedings, particularly when bankruptcy stays freeze recovery activity for extended periods.

The story also crystallizes a recurring theme across institutional abuse litigation: settlements scaled in the hundreds of millions but constrained by the realities of insurance coverage, real estate liquidity, and parish-level fundraising capacity. As the New York matter moves toward resolution, it is likely to influence how other large dioceses navigate the trade-off between bankruptcy protection and direct settlement structures.

Consumer

ACSO Launches Consumer Legal Association to Champion £5.5 Billion UK Claimant Industry

By John Freund |

ACSO, the UK trade body representing consumer-facing claimant law firms, has launched the Consumer Legal Association (CLA), positioning it as the unified voice of a £5.5 billion-plus personal injury and medical negligence sector that its leadership believes has not been "good enough at representing itself."

As reported by Legal Futures, the CLA is led by Matthew Maxwell Scott, who continues as chief executive of both organizations, with David Whitmore — former Slater & Gordon CEO — chairing the board. Other directors include Shirley Woolham (Minster Law CEO), Peter Haden (Fletchers CEO), and James Maxey (Express Solicitors CEO), with former SRA deputy chief executive Juliet Oliver serving as a non-executive director. The association is targeting around 20 larger claimant firms as core members, with plans to expand into adjacent sectors including medical reporting organizations and legal expenses insurers.

The CLA's stated agenda focuses on research demonstrating consumer benefits, behavioral benchmarks for client onboarding, settlement practices, and legal costs, alongside workforce data — including documenting that the sector's workforce is approximately two-thirds female. The launch reflects a sector under sustained pressure from personal injury reforms, fixed recoverable costs developments, and a narrative environment dominated by tort reform-aligned critics of the claimant economy.

For the litigation finance and ATE community, the CLA's emergence is meaningful. The trade body's planned expansion to include legal expenses insurers indicates an explicit intent to align the claimant law firm sector with its capital and insurance counterparts — a consolidation of voice that could reshape how UK regulators and policymakers engage with the broader funded-claims ecosystem. Litigation funders, ATE underwriters, and disbursement lenders all operate within markets where claimant law firm economics directly determine the viability of their products, and a more coordinated industry voice has obvious implications for how reforms are debated and implemented.

The launch also lands in a UK market increasingly defined by a parallel set of pressures: the FCA car finance redress scheme, intensifying SRA enforcement against problematic claims firms, the Law Commission's review of consumer class actions, and continued PACCAR-related uncertainty around the enforceability of funding agreements. A consolidated trade body that can speak credibly across these intersecting issues is, by design, well-positioned to influence the next phase of UK consumer claims regulation.

Consumer

Counsel Financial Enables $35 Million Commercial Bank Credit Facility for National Plaintiffs’ Firm

By John Freund |

Counsel Financial has supported a $35 million commercial bank credit facility for a national plaintiffs' litigation firm, replacing an existing financing arrangement with a larger facility and materially reducing the firm's cost of capital. The transaction is the latest example of specialized litigation finance underwriting unlocking cheaper bank debt for contingent fee practices.

According to ACCESS Newswire, the facility is secured by a diversified portfolio of litigation assets spanning single-event personal injury cases, mass torts, and class actions. Counsel Financial served as underwriter, collateral monitoring agent, and servicer, working alongside the commercial bank to structure and execute the deal.

For the borrowing firm, the new facility delivers improved pricing and more flexible loan terms — expected to generate millions in annual cost savings — while expanding capacity to manage a growing docket, pursue resolutions more efficiently, and invest in future opportunities. The refinancing also replaces an existing lender arrangement, a pattern increasingly common as plaintiffs' firms mature and graduate from higher-cost early-stage capital to lower-cost institutional debt.

The deal reinforces the role of litigation finance specialists as intermediaries between commercial banks and plaintiff firms, translating contingent fee inventories into collateral pools that mainstream lenders can underwrite with confidence. Counsel Financial has deployed more than $2 billion to U.S. law firms since 2000 and serviced over $10 billion in case collateral, leveraging proprietary data and ongoing portfolio monitoring to support bank participation in a market still viewed as opaque by many traditional lenders.

As bank appetite for litigation-backed facilities grows, transactions like this one point to a gradual institutionalization of plaintiff-side law firm financing — one in which specialized underwriters, rather than banks themselves, shoulder the analytical burden of evaluating contingent fee collateral.