Three Virginia residents are filing a federal class action lawsuit against a Virginia law firm for alleged abusive and unfair debt collection practices. The lawsuit, filed Sept. 9, alleges Hampton-based Senex Law violated federal debt collection laws and tacked on ...

Tagged with: Class Action Consumer Protection Landlord and tenant

Where the plaintiff alleged a debt collection letter, stating that payment by credit or debit card would be “subject to a convenience fee of $3,” violated the Fair Debt Collection Practices Act, or FDCPA, her claim was dismissed because her ...

Tagged with: Consumer Protection Judge Henry E. Hudson U.S. District Court - Eastern District

Where a party challenging a settlement that resolved nine class action consumer lending cases lacked standing, delayed in seeking intervention and failed to show it had an interest in the litigation, its motion was denied. Background Eventide Credit Acquisitions LLC ...

Tagged with: Consumer Protection Judge Robert E. Payne U.S. District Court - Eastern District

Where the complaint included only conclusory allegations that communication from a debt collection agency involved “debt” within meaning of the Fair Debt Collection Practices Act, the suit was dismissed. Background Kristyn Epps filed a putative class action complaint, asserting a ...

Tagged with: Consumer Protection Judge Elizabeth K. Dillon U.S. District Court - Western District

Where debt collectors did not meaningfully disclose their identities and made false representations, they violated the Fair Debt Collection Practices Act, or FDCPA. The plaintiff was awarded $1,000 in actual damages, $1,000 in statutory damages and $18,000 in attorneys’ fees. ...

Tagged with: Consumer Protection Judge John A. Gibney Jr. U.S. District Court - Eastern District

The class – more than 576,000 individuals throughout the country who took out loans from a loan company with identical terms at unlawfully high interest rates– will share a $65 million cash payment and will receive $76 million in loan cancellation ...

Tagged with: Consumer Protection Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District

A homeowner’s claim that a law firm violated the Fair Debt Collection Practices Act in its efforts to collect overdue homeowners’ association fees was dismissed because the complaint did not include sufficient factual allegations showing the firm and its principal ...

Tagged with: Consumer Protection Judge M. Hannah Lauck U.S. District Court - Eastern District

Where the debtors filed suit within one year of the defendant’s alleged violations of the Fair Debt Collection Practices Act, it was timely. Because the statute of limitations runs from the date of each “violation,” the fact the defendant had ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge Barbara Milano Keenan

Although the plaintiff’s attorney agreed, as part of a settlement of a case under the Fair Credit Reporting Act, to not bring further claims against Equifax Information Services LLC for 18 months, and Virginia’s ethics rule does not prohibit such ...

Tagged with: Consumer Protection Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where a security consultant had a preexisting relationship with Capital One and its report was pursuant to a prior statement of work and master services agreement, its retention by outside legal counsel after a security intrusion did not provide work ...

Tagged with: Consumer Protection Judge John F. Anderson U.S. District Court - Eastern District