Wrong Form for Refi, But No TILA Claim

Michigan Debt Suit Prompts FDCPA Claim

By Deborah Elkins
Published: March 28, 2012
Tags: Consumer Protection, Judge David J. Novak, U.S. District Court - Eastern District

A Michigan collections company and a Michigan law firm that sued a Virginia resident in Michigan to collect on a credit card debt for jewelry purchased in Virginia, and served process on debtor in Virginia, can be sued in Virginia federal court on debtor’s claim the law firm violated the Fair Debt Collection Practices Act; [...]

Practice tip: Lender home free after Rule 68 offer

By Deborah Elkins
Published: March 23, 2012
Tags: Consumer Protection, Federal Courts, Judge T.S. Ellis III, Real Estate

Lawyers who litigate in federal court know they can use a “Rule 68” offer of judgment to limit a defendant’s exposure. If the plaintiff refuses to accept an offer of settlement and his recovery at trial is lower than the settlement offer, he may wind up paying some of the defendant’s costs and attorney’s fees. [...]

Michigan Debt Suit Prompts FDCPA Claim

By Deborah Elkins
Published: March 19, 2012
Tags: Consumer Protection, Judge David J. Novak, U.S. District Court - Eastern District

A Michigan collections company and a Michigan law firm that sued a Virginia resident in Michigan to collect on a credit card debt for jewelry purchased in Virginia, and served process on debtor in Virginia, can be sued in Virginia federal court on debtor’s claim the law firm violated the Fair Debt Collection Practices Act; [...]

Borrower Received TILA Notice

By Deborah Elkins
Published: February 24, 2012
Tags: Consumer Protection, Judge Mark Davis, U.S. District Court - Eastern District

A borrower who refinanced her home in a late-night loan closing at a McDonald’s restaurant has demonstrated a selective memory about the transaction and the Norfolk U.S. District Court rejects the borrower’s claim that the lender, People’s Choice Home Loans, violated the Truth in Lending Act by failing to provide her with two copies of [...]

No Loan Notice States ECOA Claim

By Deborah Elkins
Published: February 16, 2012
Tags: Consumer Protection, Judge Henry E. Hudson, U.S. District Court - Eastern District

A plaintiff who alleges defendant car dealer intentionally concealed the fact that his purchase and loan request for a 2004 Porsche had been approved by lenders on terms lower than the terms presented to plaintiff has stated claims for violation of the Equal Credit Opportunity Act, 15 U.S.C. § 1691(d)(2), and the Richmond U.S. District [...]

U.S. Supreme Court signals continuing preference for arbitration

By Correy E. Stephenson
Published: February 6, 2012
Tags: ADR, Consumer Protection, U.S. Supreme Court

The U.S. Supreme Court solidified its pro-arbitration stance in its decision last month interpreting the Credit Repair Organizations Act. In CompuCredit v. Greenwood, the justices said the CROA was silent on whether claims can proceed in arbitration, despite a prohibition on waivers of a consumer’s rights and a disclosure provision that informed consumers of a [...]

FDCPA Claim Not Mooted by Offer

By Deborah Elkins
Published: January 17, 2012
Tags: 4th U.S. Circuit Court of Appeals, Consumer Protection, Judge Diana Gribbon Motz

A law firm trying to collect on a debt allegedly owed not by plaintiff, but by her late husband, could not avoid her suit under the Fair Debt Collection Practices Act with a Rule 68 Offer of Judgment that provided for the maximum statutory damages but an equivocal offer of actual damages; since the FDCPA [...]

Credit Repair Act claims are subject to arbitration

By Correy E. Stephenson
Published: January 17, 2012
Tags: ADR, Consumer Protection, Federal Courts, U.S. Supreme Court

Because the Credit Repair Organizations Act is silent on whether claims can proceed in arbitration, the Federal Arbitration Act mandates the parties’ arbitration agreement be enforced, the U.S. Supreme Court ruled on Jan. 10. A group of consumers brought suit in federal court against CompuCredit, a company that marketed a credit card that purported to [...]

Seaman Wins SCRA Claim for Towed Jeep

By Deborah Elkins
Published: January 12, 2012
Tags: Consumer Protection, Judge F. Bradford Stillman, U.S. District Court - Eastern District

An enlisted Navy seaman who sued Pete’s Auto Service for the loss of his 2002 Jeep Grand Cherokee, which Pete’s towed and sold while plaintiff was deployed, wins summary judgment from a Newport News U.S. District Court Magistrate Judge on his claim under the Servicemembers Civil Relief Act, but the court will try the claim [...]