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Tag Archives: Consumer Protection

Venue is appropriate for Attorney General’s suit (access required)

An internet lender will face a suit brought by the Virginia Attorney General in Fairfax County alleging violations of the Virginia Consumer Protection Act. Background The commonwealth sued NC Financial Solutions of Utah LLC (“Net Credit”) for violations of the ...

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Judgment granted as sanction for discovery misconduct (access required)

Plaintiff was granted judgment on liability on a number of consumer claims as a sanction for defendant auto dealer’s misconduct during discovery, and he is entitled to more than $164,000 in damages. Background In this civil action, plaintiff brings a ...

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Management company for HOA not a “debt collector” (access required)

While a management company mailed delinquency notices for a homeowners’ association, its debt-collection activity was incidental to its obligations, and is thus exempted as a debt collector under the Fair Debt Collection Practices Act. Background Plaintiff Robert Yergovich owns and ...

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Jurisdiction lacking over collection company owner (access required)

Because the plaintiff failed to sufficiently allege contact or connection between the owner of a debt collection agency and her FDCPA claim in the Western District, the court lacked personal jurisdiction. Background Betty West alleges that Americas Processing Center, Inc. ...

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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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