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Tag Archives: Consumer Protection

Attorney restriction in settlement pact violates public policy (access required)

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 ...

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Consultant’s report not entitled to work product protection (access required)

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 ...

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‘Deceptive’ email supports Fair Debt claim (access required)

Where a debt collector promised to file a notice of satisfaction “upon receipt” of payment, and then garnished the plaintiff’s wages after receiving that payment, the deceptive email gave rise to a claim under the Federal Debt Collection Practices Act. ...

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Additional claims allowed in interior molded doors antitrust suit (access required)

In a suit alleging two companies unlawfully conspired to fix prices in the market for interior molded doors, new claims under various state consumer protection statutes were allowed. However, time-barred damages claims of new plaintiffs did not “relate back” to ...

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Attorneys’ fees reduced by half based on lack of success (access required)

Although the plaintiff prevailed on a claim under the Fair Debt Collection Practices Act, his overall lack of success, including recovering only 1.25% of the damages sought on the one count on which he prevailed, resulted in a 50% reduction ...

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Fair Debt claim goes forward; Fair Credit claim dismissed (access required)

Where the plaintiff plausibly alleged a company was a “debt collector” under the Fair Debt Collection Practices Act and was unfairly attempting to collect a debt, his FDCPA claim survived a motion to dismiss. But because a provision of the ...

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Home purchasers not harmed by title company’s alleged conduct (access required)

Although the home purchasers alleged they were steered to a particular title company because of undisclosed kickbacks paid by that company to the realtor, they failed to allege they were charged more by the title company and thus lacked standing ...

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Witness was not adequately prepared for deposition (access required)

Although the defendant’s corporate witness was unable to respond to a number of topics listed on the Rule 30(b)(6) notice, the plaintiff, who alleged violations of the Fair Debt Collection Act in efforts to collect student loan debts, lost his motion ...

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RICO/usury suit against tribal lenders stays in federal court (access required)

Where tribal officials argued that the plaintiffs’ RICO claims, based on allegations their consumer loans violated usury statutes, should be heard in arbitration or dismissed,  the arbitration provisions were deemed unenforceable and the plaintiffs’ claims were largely sufficient at this ...

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