JDSA has successfully represented consumer plaintiffs in class actions against some of the largest lenders, loan servicers, insurance companies, and publicly traded companies in the nation. These class actions provide an important avenue of relief for groups of people that have experienced a similar harm by a single defendant’s common acts and practices.   


Notable Cases and Decisions

Washington State Supreme Court: Jordan, et. al.
v. Nationstar Mortgage, LLC

JDSA achieved a significant victory at the Washington State Supreme Court in the certified class action case of Jordan v. Nationstar Mortgage, LLC.  On July 7, 2016 the Supreme Court ruled in favor of Ms. Jordan and the certified class of over 3,600 Washington homeowners and held that lenders are prohibited from changing locks on a borrower’s property prior to completing a foreclosure.  This decision creates significant precedence in the area of foreclosure law and is the first case in the nation to prohibit a lender from using entry provisions contained in standard form deeds of trust to enter a borrower’s home and change locks on the borrower’s home prior to completion of a foreclosure.

Clay Gatens, a partner with JDSA, is the lead attorney on the case and has represented Ms. Jordan since 2011.  In 2014 Mr. Gatens successfully achieved class action certification for the case, which revealed that over 3,600 Washington borrowers had their locks changed by Nationstar Mortgage prior to completion of a foreclosure. In January of 2016 Mr. Gatens argued the case in front of the Washington Supreme Court and on July 7, 2016 the Supreme Court issued its opinion in favor of Ms. Jordan and the certified class holding that the entry provisions relied upon by lenders when entering a borrower’s property and changing locks prior to foreclosure “are in direct conflict with state law and are unenforceable.” 

With this decision, Washington borrower’s are now protected from illegal lender and loan servicer practices that interfere with the homeowner’s exclusive right to possession prior to completion of a foreclosure sale. Importantly, this decision applies to borrower even if the borrower has moved out of the home pending foreclosure. If you have been a victim of a lock change on your home prior to the completion of a foreclosure – regardless of whether you were living in the home at the time of the lock change – your right to possession has been violated and you are encouraged to contact Mr. Gatens.

 

 

Coinstar Agrees to Settlement

JDSA is proud to have represented the lead plaintiff, Susan Lair, in a class action lawsuit against Outerwall, Inc. involving gift cards issued at Coinstar kiosks located in Washington State.

This class action, led by Clay Gatens of JDSA Law, was successfully settled and obtained significant injunctive and monetary relief for Washington consumers that purchased gift cards from Coinstar, that faded and darkened to the point where the purchaser could not redeem their gift cards.  

For more information regarding this class action, the class settlement, or to submit a claim please visit coinstargiftcardsettlement.com.

Lair v. Outerwall, Inc. dba Coinstar, Douglas County Superior Court, Case No. 14-2-00040-2.



Areas of Emphasis

  • Consumer Protection Class Action Litigation
  • Defense of Class Action Claims
  • Plaintiff's Class Action Cases