On July 15, Lynch Carpenter and attorneys from Public Citizen in Washington, D.C. filed an appeal in the Fifth Circuit Court of Appeals. The appeal centers around the important issue of whether an amendment that eliminates statutory consumer rights will apply retrospectively to pending lawsuits based on events that took place before the change in the law.

In a lawsuit filed in 2010, Plaintiff Lisa Mabary alleged that Defendant Home Town Bank violated her rights as a consumer by charging ATM transaction fees without providing proper notice. In December 2012, while the litigation was ongoing, Congress amended the law upon which the lawsuit was based, eliminating future lawsuits of that nature. Congress did not include a specific instruction for retrospective application in the amendment. In March 2013, Judge Ellison of the United States District Court for the Southern District of Texas dismissed the case and denied class certification, finding that the amendment applied retrospectively, effectively eliminating the basis of Plaintiff Mabary’s lawsuit.

Lynch Carpenter and Public Citizen are appealing Judge Ellison’s ruling in order to protect consumers who filed legitimate lawsuits to vindicate their rights. If the district court’s opinion is upheld, legitimate pending lawsuits could be eliminated by a change the law, even if a valid case has been pending for months or years and Congress does not explicitly intend a retrospective application. This variety of retrospective application seriously jeopardizes the ability of consumers to bring private lawsuits to enforce consumer rights laws. This type of loophole would allow defendants to escape liability for consumer rights violations after the fact through corporate lobbying and anti-consumer legislation.

In this case, Lynch Carpenter will be attempting to achieve its fourth recent federal appellate court reversal.

The case is Mabary v. HomeTown Bank, No. 13-20211, in the United States Court of Appeals for the Fifth Circuit.

WAYS TO REACH US

Pittsburgh

1133 Penn Avenue
5th Floor
Pittsburgh, PA 15222
P (412) 322-9243
F (412) 231-0246

New Castle

Administrative Office
36 N. Jefferson Street
P.O. Box 7635
New Castle, PA 16107
P (724) 656-1555
F (724) 656-1556

San Diego

La Jolla Gateway
9171 Towne Centre Drive, Suite 180
San Diego, CA 92122
P (619) 762-1910
F (724) 656-1556

Chicago

111 W. Washington Street
Suite 1240
Chicago, IL 60602
P (312) 750-1265

Los Angeles

117 East Colorado Blvd.
Suite 600
Pasadena, CA 91105
P (626) 550-1250

Disclaimer  |  Privacy Policy  |  © 2013-2025 All Rights  |  1 (800) 467-5241

ADA Compliance Policy

Lynch Carpenter is committed to keeping our site compliant with the Americans with Disabilities Act. We welcome any feedback on how to improve the site’s accessibility for all users. It is our goal to develop a website that is accessible to everyone!