SmartBrief
Confirm favorite deletion?
Consumer Law Keyed to Pridgen, 5th Ed.
Federal Trade Commission v. Gill
Citation:
265 F.3d 944 (2001)Facts
From 1995 through 1999, defendants Keith Gill, a licensed California attorney, and Richard Murkey, a former attorney, operated a credit repair business ostensibly through Gill’s law offices in Woodland Hills, California. Murkey regularly appeared on radio broadcasts throughout Southern California, making representations that any type of negative information, including bankruptcies, foreclosures, tax liens, judgments, and late payments, could be legally and permanently removed from consumers’ credit reports, even if the information was accurate and the consumer still owed money. Consumers signed retainer agreements with Gill’s law office, and Murkey handled initial consultations, explaining services and negotiating fees. Defendants required advance payment of 25-50% of estimated costs before performing any services and continued billing consumers regardless of whether services were completed. Their “legal” process consisted of inundating credit reporting agencies with dispute letters falsely alleging items were incorrect, sent in the consumer’s name without their review or authorization, exploiting the CRAs’ 30-day verification requirement under the Fair Credit Reporting Act. Many consumers discovered that promised results were not achieved, but Defendants continued billing them and rarely responded to complaints.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.