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Case ID: 4723 | Civil Rights | 03/28/2006
The American Civil Liberties Union filed a class-action lawsuit in a South Dakota court, challenging the constitutionality of a federal law that denies financial aid to college students convicted of drug offenses.
One of the plaintiffs named in the case is Ball State University student Alexis Schwab, a 20-year-old from North Judson, Indiana. Schwab's attorney claims the law "creates an unfair and irrational barrier to education and singles out working class Americans." The ACLU claims that about 200,000 college students have lost their financial aid because of the law, which it said targets low-income and minority students. The drug law, written by Rep. Mark Souder, R-Ind., is a provision of the Higher Education Act (HEA), enacted in 1965 to dispense financial aid to students based upon need. According to the U.S. Department of Education, 63 percent of U.S. college students received financial aid under the HEA during the 2003-04 academic year. About 14 million Americans apply for federal aid annually, according to DOE statistics. Implemented in 2000, Souder's drug law makes it mandatory for judges to revoke student aid as part of a drug conviction sentence. The provision applies only if a student is convicted of a drug offense while enrolled at a college or university. The ACLU filed the suit on behalf of individual students like Schwab and those belonging to the national organization, Students for Sensible Drug Policy (SSDP). At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Civil Rights Cases of Interest A statewide class action has been filed in California against collection specialist, Bleier & Cox. The action is brought on behalf of all California residents who received a collection letter from Bleier & Cox which failed to include statutorily required information about disputing the validity of the alleged debt. The action is brought under the federal Fair Debt Collection Practices Act and seeks statutory damages as well as injunctive and declaratory relief. A class action has been filed in federal court alleging that the Latin Shopping Television Network and its parent company, the Crediamerica Group, have been systematically preying on and defrauding customers. The action is brought on behalf of all customers who have bought merchandise from either company since their formation (believed to be about January 1, 2000) and who did not receive it at all, within a reasonable time period, or as promised to the customer. A national class action has been filed in New York against Allianceone Receivables Management, Inc., formerly known as Triadvantage Credit Services, Inc. The action is brought on behalf of all U.S. residents who have received a collection letter from Allianceone or Triadvantage that contained language overshadowing the statutorily required notice to consumers of their right to dispute an alleged debt under collection. The action is brought under the federal Fair Debt Collection Practices Act and seeks statutory damages, injunctive and declaratory relief. A statewide collective action has been filed in Florida against Laird Plastics, Inc. The action is brought on behalf of all current and former employees of Laird who have not been compensated in accordance to federal law for all hours worked in excess of 40 per week. The action is brought under the federal Fair Labor Standards Act and seeks back pay, statutory and liquidated damages as well as injunctive and declaratory relief. As a collective action, all potential claimants must voluntarily "opt-in" to the case in order to be considered a member of the class. The employees have requested that the court issue notice to all potential claimants. A statewide collective action has been filed in Florida against Cingular Wireless, LLC. The action is brought on behalf of all current and former inside sales associates, who since February 2001, were not paid proper statutory overtime for all hours worked beyond 40 per week. The action is brought under the federal Fair Labor Standards Act and seeks statutory and liquidated damages as well as declaratory and injunctive relief. As a collective action, all potential claimants are required to "opt-in" to the action in order to be considered part of the class. The employees have requested that the court issue notice to all potential class members. A statewide class action has been filed in Indiana against Capital Recovery Associates, Inc. who operate under the name CRA Security Systems. The action is brought on behalf of all Indiana residents who received a form type collection letter demanding immediate payment of the consumers’ alleged debt. The action is brought under the federal Fair Debt Collection Practices Act and seeks statutory damages as well as injunctive and declaratory relief. |
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