Where a plaintiff in bankruptcy alleged a bank and mortgage company violated an automatic stay and committed fraud, his action was dismissed for failure to state a claim. His suit against a debt collector for allegedly violating the Federal Debt ...

Tagged with: Consumer Protection Judge Norman K. Moon U.S. District Court - Western District

Where a law firm representing a homeowners association attempted to collect outstanding debts from homeowners by filing a writ of garnishment and lien that included post-judgment enforcement costs, it did not violate the Fair Debt Collection Practices Act. Background Homeowners ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Per Curiam Opinion

Where defendants are alleged to be involved in an unlawful lending operation where a non-tribal entity and a Native American tribe establish a company in the tribe’s name, the defendants argued the suit should be transferred to Texas federal court, ...

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

Where the complaint alleged that Trans Union reported inaccurate information in connection with the plaintiff’s application for a car loan, and that it failed to follow reasonable procedures to ensure the accuracy of its credit reports, Trans Union’s motion to ...

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

Where the plaintiffs’ third attempt to plead plausible claims against a background check provider under the Fair Credit Reporting Act, was insufficient, the court dismissed the suit with prejudice. Background Plaintiffs’ three-count second amended class complaint alleges violations of the ...

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

Where the debt collector’s alleged $75 error in its attempt to collect overdue homeowners association fees was not material, the court dismissed the claim under the Fair Debt Collection Practices Act, or FDCPA. Background Lorranda Arnett brings her complaint against ...

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

Although the defendants argued the plaintiff lacked standing to asserting claims under the Fair Debt Collection Practices Act, the court held the alleged FDCPA violations created a material risk of harm that was sufficient to establish standing. Background Willie Henderson ...

Tagged with: Consumer Protection Judge Glen E. Conrad U.S. District Court - Western District

Where there is a material dispute over whether the defendant’s telephone system fits the statutory definition of “automatic telephone dialing system,” the court denies the defendant’s motion for summary judgment. The court, however, held the plaintiff’s expert could not testify ...

Tagged with: Consumer Protection Judge Norman K. Moon U.S. District Court - Western District

Two entities formed by the Lac Vieux Desert Band of the Lake Superior Chippewa Indians cannot be sued for allegedly issuing payday loans with unlawfully high interest rates because, as arms of the tribe, they enjoy sovereign immunity. Background The ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge Roger L. Gregory

To avoid concluding that two preemption provisions in the Fair Credit Reporting Act, or FCRA, are redundant, the court, for the first time, joined other district courts in holding that one preemption provision applied to state statutory claims and the ...

Tagged with: Consumer Protection Judge Michael F. Urbanski U.S. District Court - Western District