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Consumer

Free Conference on Recent Legislative Responses to Litigation Finance

By Harry Moran |
October 7, 2024

Free Conference on Recent Legislative Responses to Litigation Finance

The Center on Civil Justice at New York University School of Law mission is dedicated to the U.S. civil justice system and the continued fulfillment of its purpose. The Center brings together the unmatched strengths of the NYU Law faculty in the fields of procedure and complex litigation with the sophisticated practitioners and judges who make up our Board of Advisers.  Together we endeavor to support our civil courts as a place for people to fairly and efficiently resolve their problems and access justice.

The Center on Civil Justice at NYU School of Law will host a one-day conference on October 28, 2024 on the subject of legislative efforts to regulate third-party legal funding with the goal of connecting the debates on key legal funding issues taking place in academia and among practitioners, lobbyists and legislators, in the US and in Europe.  

The conference will consist of three panels, each focusing on a different legal funding reform effort. These include U.S. legislative efforts to regulate commercial litigation financing and consumer legal funding, in addition to an examination of European and other international legislative attempts to regulate third-party funding. The bill sponsors will be invited to present, along with experts on the topics the bill covers.

The event will take place on October 28, 2024, from 9am – 3:30pm.  We encourage everyone to attend in-person at Greenberg Lounge of Vanderbilt Hall, 40 Washington Square South, NY, NY 10012.

For those who cannot do so, the event will also be livestreamed via Zoom.  A link will be sent out to everyone who RSVPs.

The event is free, and we will be applying for CLE credit. 

Register Here: https://forms.gle/Z5UuQcB2geNhRe7dA.

9:15 AM – 9:30 AM – Opening Remarks

9:30 AM – 11:00 AM – Panel 1: Disclosure of Commercial Litigation Financing Agreements

While much of the state legislation enacted on third-party litigation finance has focused on consumer legal funding, states and the federal government have begun to think about the regulation of commercial litigation funding as well.  Specifically, the issue of whether, under what circumstances, and to what extent to disclose commercial third-party funding has been one of the most significant policy questions facing the industry for years.   Legislation has been introduced or passed in West Virginia, Wisconsin, and US Congress regarding disclosure of commercial funding agreements, and we will discuss these bills and others and how they will impact the commercial funding landscape.

11:15 AM – 12:45 PM – Panel 2: New York A.115 – Consumer Funding

Much, if not most, state legislation focuses specifically on consumer legal funding and not commercial litigation financing.  New York State alone has five different such bills.  This panel chooses to focus on A.115, which has passed the New York State Senate but not the Assembly – the bill that has so far advanced the furthest.  This bill caps returns to funders at the military lending rate.  Other bills do not place such a cap at all but require full disclosure of the contract.  This panel will discuss what is the best way forward to regulate the product in New York and across the country.

12:45 PM – 1:30 PM – Lunch

1:30 PM – 3:00 PM – Panel 3: EU P9_TA (2022) 0308 – International Legislation

In 2022, the EU Parliament adopted a resolution to introduce legislation creating minimum standards for third-party funding in the EU.  The European Commission has yet to submit a formal proposal for the EU Parliament and European Commission to consider.  However, the principals outlined in the resolution highlight many significant discussion points within the industry and demonstrate the state of international regulation of the industry.

3:00 PM – 3:15 PM – Closing Remarks

RSVP for the event here: https://forms.gle/Z5UuQcB2geNhRe7dA.

About the author

Harry Moran

Harry Moran

Consumer

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Consumer

New York Enacts Landmark Consumer Legal Funding Legislation

By Eric Schuller |

The Alliance for Responsible Consumer Legal Funding (ARC) applauds New York Governor Kathy Hochul for signing into law Assembly Bill 804C/Senate Bill 1104, a landmark measure establishing thoughtful regulation for Consumer Legal Funding in the Empire State.

Sponsored by Assemblymember William B. Magnarelli and Senator Jeremy Cooney, this legislation creates a clear framework that protects consumers while preserving access to a vital financial resource that helps individuals cover essential living expenses—such as rent, mortgage, and utilities, while their legal claims are pending.

“I am pleased that the Governor signed this important bill into law today.  It is the culmination of 8-years of hard work on this issue.  This law will provide a sound framework to regulate financing agreements and provide protections to consumers.  I want to thank the Alliance for Responsible Consumer Legal Funding and its President, Eric K. Schuller for working with me to get this bill over the finish line.  I would also like to thank and acknowledge my late colleague, Assemblyman Michael Simanowitz, who was the original sponsor of this legislation.”  -- William B. Magnarelli, 129th Assembly District 

For many New Yorkers, Consumer Legal Funding provides a critical financial lifeline while a legal claim is pending, often for months or years. Injured consumers frequently face lost income and mounting household expenses at the very moment they are least able to manage financial strain. Consumer Legal Funding allows individuals to cover essential living costs, such as rent, utilities, transportation, and groceries, without being forced into an early or unfair settlement simply to make ends meet.

Senator Jeremy Cooney stated: “Today marks a historic step forward in protecting everyday New Yorkers from opaque and often predatory litigation financing practices. For too long, vulnerable plaintiffs have been left in the dark about the true cost of third-party funding, only to see the majority of their hard-earned legal recovery eroded by fees and unclear terms. I'm proud to sponsor this bill that brings transparency, accountability, and basic consumer protections to this industry, ensuring New Yorkers can pursue justice without sacrificing financial security."

Because Consumer Legal Funding is non-recourse, consumers repay funds only if they recover proceeds from their legal claim, if there is no recovery, they owe nothing. This structure protects consumers from taking on debt, preserves their financial stability, and ensures they retain full control over their legal decisions. By enacting this legislation, New York affirms that Consumer Legal Funding supports financial stability and access to justice.

“This law strikes the right balance between consumer protection and financial empowerment, by establishing clear rules of the road, New York ensures that consumers retain freedom of choice, transparency, and access to funds that help them meet their immediate needs during one of the most difficult times in their lives.” said Eric K. Schuller, President of the Alliance for Responsible Consumer Legal Funding (ARC). “We thank Governor Hochul for her leadership and Assemblymember Magnarelli and Senator Cooney for their commitment to fairness and consumer choice. This new law affirms that Consumer Legal Funding is about funding lives, not litigation.” 


Under the new law, Consumer Legal Funding is defined as a non-recourse transaction in which a company purchases a contingent right to receive proceeds from a consumer’s legal claim. The law contains several key consumer safeguards, including:

• Clear Contract Disclosures: All terms, charges, and cumulative repayment amounts must be plainly stated and initialed by the consumer.
• Right to Cancel: Consumers have ten business days to cancel a contract without penalty.
• Attorney Oversight: Attorneys must acknowledge reviewing mandatory disclosures and are prohibited from accepting referral fees or having a financial interest in funding companies.
• Prohibited Practices: Funding companies may not influence settlement decisions, mislead consumers through advertising, or refer clients to specific attorneys or medical providers.
• Registration and Reporting: All funding companies must register with the State of New York and file annual reports, and meet bonding and disclosure requirements.

The act takes effect 180 days after becoming law and marks another milestone in advancing consumer protection and responsible business practices across the nation.

About ARC

The Alliance for Responsible Consumer Legal Funding (ARC) is the national trade association representing companies that provide Consumer Legal Funding—non-recourse financial assistance that helps consumers meet everyday living expenses while their legal claims proceed. ARC advocates for policies that protect consumers and ensure access to fair, transparent, and responsible funding options.

Consumer

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.

Consumer

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.