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Tag Archives: Consumer Protection

Collection letter didn’t support ‘overshadowing’ claim (access required)

Where a debt collection letter included a settlement offer that expired during the 30-day dispute window, but did not demand immediate payment or payment-in-full before 30 days, the claim under the Fair Debt Collection Practices Act was dismissed. The settlement ...

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Settlements in ‘rent-a-tribe’ class action lawsuits approved (access required)

After protracted payday lending litigation with uncertain outcomes and extended settlement negotiations, the settlements were found to be fair and adequate and the attorneys’ fees award of $2,871,000 was approved. However, an award of $5,000 to each plaintiff was refused; ...

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Lack of reliance fatal to class action fraud suit (access required)

Allegations that a health care provider concealed certain “surcharges” until after emergency room services were rendered were insufficient to state a fraud claim because there was no allegation or assertion that the provider knew the plaintiff was acting on the ...

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Statutory amendment to rent law not retroactive (access required)

Where a 2018 amendment to the North Carolina Rental Agreements Act, or RRAA, allowed landlords to start charging certain fees that were previously prohibited, it substantively altered the rights of tenants and landlords, so it could only be applied prospectively, ...

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Level of deference afforded to FCC rule to be determined (access required)

Where the parties in a dispute over whether a fax was an unsolicited advertisement never briefed what level of deference should be afforded a 2006 FCC rule interpreting what constitutes an “advertisement” under the Telephone Consumer Protection Act, the case ...

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Sovereign immunity findings were based on misrepresentations (access required)

Several of the court’s factual findings in its sovereign immunity ruling, that were relied upon by the Fourth Circuit in finding two of the defendants in a “Rent A Tribe” scheme were entitled to sovereign immunity, were shown to be ...

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Long-term care class action settlement is fair and adequate (access required)

The settlement of a class action alleging that Genworth made false representations when offering contractual options to its long-term care policyholders and failed to disclose anticipated premium rate increases, was given final approval after a factual finding that it was ...

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Long-term care insurance settlement rejected (access required)

Objections to a proposed class action settlement arising out of an alleged failure to disclose material information about long-term care insurance, including that the notice was inadequate, the settlement did not offer concrete benefits and rates might increase, were rejected. ...

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