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Tag Archives: Consumer Protection

WDVA: Threatening collection calls lead to award over $15k (access required)

A plaintiff is entitled to actual and statutory damages, attorneys’ fees, and litigation costs arising from debt-collection calls she allegedly received from the defendant, who did not respond. Background Plaintiff Betty West’s lawsuit arises out of a series of interactions ...

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WDVA: Class jurisdiction extended to non-resident claims (access required)

A recent U.S. Supreme Court case did not require dismissal of putative class claims that might arise from illegal prerecorded calls to class members outside Virginia. While that approach may be logical in the mass-tort context, it is unnecessary in ...

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EDVA: No sovereign immunity for tribal lending companies (access required)

In a suit alleging usurious loans, two online-lending companies created by Chippewa tribal leaders failed to prove by a preponderance of the evidence that they were entitled to sovereign immunity as arms of the tribe. Background The Lac Vieux Desert ...

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Va. Cir.: Bond company under investigation must produce client information (access required)

A bond company under state investigation for consumer-protection violations has no basis to demand a confidentiality agreement before turning over its client information to the Commonwealth. Although the company said some disclosures might reveal clients’ immigration information and other personal ...

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EDVA: Dish Network’s credit inquiry could be FCRA violation (access required)

A plaintiff who said he contacted Dish merely to comparison shop for TV plans sufficiently alleged a consumer-protection claim against the company, arising from an inquiry that appeared on his credit report that the company failed to have removed. Background ...

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Va. Cir.: Wrong burial plot purchase caused by mistake, not fraud (access required)

Although the Virginia Consumer Protection Act covers interment rights, a plaintiff suing a cemetery owner failed to offer evidence of the misrepresentation needed to prove her claim. She said she asked for plots right next to her parents’ plots, but ...

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Important Opinions January – June 2018 (access required)

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The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, ...

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EDVA: No servicemark in anti-cybersquatting case (access required)

A foreign company could not establish common-law trademark rights in the United States for the domain “klumba.com” because no American citizens used the company’s service. Hosting Google AdSense on the company’s Ukrainian site also didn’t put its mark in U.S. ...

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4th Cir.: No vicarious liability for sellers’ TCPA misconduct (access required)

Even though discovery was still open at the trial level, class-action plaintiffs could not present evidence creating a triable dispute about whether security-system manufacturers were vicariously liable for retailers’ TCPA violations. Background Appellee UTC Fire & Security Americas Corp. sold ...

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EDVA: “Astounding allegations” sustain 11-count complaint (access required)

In October 2015, wind and rain damaged Plaintiff Constance Moss’s home. Moss’s homeowner’s insurer soon issued a claim check for over $15,000. In a move she has lived to regret, Moss sent the check to her mortgage company, Defendant Manufacturers ...

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