What is AARP Foundation Litigation?
AARP Foundation Litigation (AFL) is the public interest legal division of the AARP Foundation, a charitable organization focused on combating senior poverty. Acting as a law firm at the intersection of aging and social justice, its attorneys work to advance the legal rights and interests of individuals aged 50 and older. Unlike traditional law firms that focus on individual clients, AFL uses targeted litigation to create broad, systemic change that improves the lives of many older adults. This includes filing class-action lawsuits and submitting "friend of the court" (amicus) briefs in cases that could affect seniors nationwide.
The Mission Behind the Litigation
The driving force behind AFL is to empower older adults, particularly those with low incomes, by addressing the systemic issues that contribute to senior poverty. This mission is achieved by focusing on key areas that impact the financial security and wellbeing of seniors. The litigation seeks to:
- Increase Economic Opportunity: By combating workplace age discrimination and other barriers that prevent older workers from earning a living.
- Protect Consumers: By challenging unlawful business practices that exploit seniors through scams, financial fraud, or predatory lending.
- Secure Access to Benefits: By fighting for fair access to public and private benefits, including Social Security, Medicare, and private pensions.
- Advocate for Equitable Outcomes: By addressing discriminatory practices that disproportionately affect vulnerable populations, including racial and ethnic minorities.
Notable Areas of Focus
AFL’s work spans a variety of critical areas affecting older adults. Their approach involves a combination of direct litigation, strategic appeals, and policy advocacy through the courts.
Fighting Age Discrimination
Age discrimination in the workplace is a persistent problem that AFL actively combats. They have filed class-action lawsuits against companies that allegedly use discriminatory hiring practices, such as reserving positions exclusively for recent graduates, effectively sidelining older, more experienced workers. For example, a lawsuit was filed against RTX Corporation (formerly Raytheon) for these practices.
Protecting Retirement Funds and Pensions
Another significant focus is the mismanagement of retirement funds. AFL joins lawsuits on behalf of employees and retirees who have lost millions due to mishandled pension and retirement accounts by fiduciaries. They work to hold financial institutions accountable for bad investment practices and recover lost savings for older adults.
Addressing Nursing Home Abuse and Neglect
To protect the most vulnerable seniors, AFL has filed lawsuits against nursing home operators for intentional understaffing, which can lead to resident neglect and danger. A landmark case involving a nursing facility refusing to readmit a resident reinforced legal protections for nursing home residents across the country.
Combating Consumer Fraud
Seniors are often targets of consumer fraud and deceptive business practices. AFL steps in to stop these unlawful practices and secure refunds for those who have lost money. This includes cases against mortgage companies that illegally charge excess fees to reverse mortgage borrowers.
Promoting Affordable Healthcare
In recent years, AFL has actively supported legal challenges to high prescription drug costs. This includes filing amicus briefs in support of Medicare's ability to negotiate drug prices, arguing that it helps ensure older adults can afford the life-saving medications they need.
AARP Foundation vs. AARP Litigation
It is important to distinguish between the two entities, though they are related. The AARP Foundation is the charitable arm of AARP. While AARP engages in federal and state-level lobbying to influence legislation, the AARP Foundation operates as a non-profit legal entity that uses litigation to drive systemic change through the court system. AFL is a more focused, court-based approach to advocacy, whereas AARP’s broader advocacy efforts include legislative lobbying and grassroots organizing.
How AFL Drives Systemic Change
Instead of assisting individual plaintiffs in small claims, AFL’s strategy focuses on cases that have the potential for a far-reaching impact. The lawyers often engage in class-action lawsuits, which address wrongs committed against a large group of people simultaneously. Winning these cases not only brings justice and compensation to the plaintiffs but also sets a legal precedent that protects millions of others from similar misconduct in the future. The involvement of a large, well-resourced organization like the AARP Foundation also signals to corporate wrongdoers that there is a significant entity willing and able to challenge them in court.
| Feature | AARP Foundation Litigation (AFL) | AARP General Advocacy |
|---|---|---|
| Primary Function | Public interest law firm | Member organization for people 50+ |
| Core Method | Litigates cases to set legal precedents | Lobbies and organizes grassroots campaigns |
| Focus | Systemic issues affecting many older adults | Broader legislative issues and member benefits |
| Case Type | Class-action lawsuits, amicus briefs | No direct legal counsel for members |
| Funding | Charitable affiliate, relies on donations | Membership fees and revenue from programs |
The Impact of AARP Foundation Litigation
Through its targeted litigation efforts, the AARP Foundation has secured tangible improvements for seniors across the country. This includes protecting residents in nursing homes from neglect, fighting workplace ageism, and recovering mismanaged retirement funds. The victories help secure the financial stability and dignity of older Americans, ensuring they are not exploited or forgotten by the legal system. For example, the foundation joined a lawsuit against TIAA for mismanaging retirement funds, putting pressure on financial firms to act in the best interests of their clients.
To stay updated on the legal battles fought on behalf of older Americans, you can explore the AARP Foundation's legal advocacy section on its website.
Conclusion
AARP Foundation litigation serves as a vital force for legal advocacy on behalf of older adults. Through its strategic and systemic approach, it addresses deep-seated issues that disproportionately affect seniors, such as age discrimination, consumer fraud, and financial mismanagement. By focusing on class-action cases and influencing legal policy, AFL is able to secure meaningful protections and opportunities for vulnerable Americans nationwide, ensuring that the legal system works for everyone, regardless of age.
