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 ...

Tagged with: Consumer Protection Judge Robert E. Payne U.S. District Court - Eastern District

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. ...

Tagged with: Consumer Protection Judge Robert E. Payne U.S. District Court - Eastern District

Where one company received escrow funds for a tax payment to be made on behalf of a borrower, and the servicing rights were transferred in the window between the borrower’s payment to escrow and the tax’s due date, the Real ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge Julius N. Richardson

A plaintiff’s Fair Credit Reporting Act claims against the credit reporting company Experian failed to include sufficient factual allegations to make them plausible, or were implausible in light of the factual allegations in the complaint. Background On Nov. 11, 2019, ...

Tagged with: Consumer Protection Judge Mark Davis U.S. District Court - Eastern District

Although the Fourth Circuit has held that a “separate violation” of the Fair Debt Collection Practices Act occurs every time an improper communication, threat or misrepresentation is made, where a suit was filed on April 2, 2019, alleging FDCPA violations ...

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

Although a similar case had just concluded in the Central District of California, a majority of factors under 28 U.S.C. § 1404, including the plaintiff’s choice of forum and interests of justice, did not favor transfer to that court, in ...

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

Where the defendant did not identify itself as a debt collector during telephone calls to the plaintiff, and falsely suggested it would pursue legal action, the plaintiff was awarded $1,000 in actual damages, $1,000 in statutory damages and $11,445 in ...

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

Three Virginia residents are filing a federal class action lawsuit against a Virginia law firm for alleged abusive and unfair debt collection practices. The lawsuit, filed Sept. 9, alleges Hampton-based Senex Law violated federal debt collection laws and tacked on ...

Tagged with: Class Action Consumer Protection Landlord and tenant

Where the plaintiff alleged a debt collection letter, stating that payment by credit or debit card would be “subject to a convenience fee of $3,” violated the Fair Debt Collection Practices Act, or FDCPA, her claim was dismissed because her ...

Tagged with: Consumer Protection Judge Henry E. Hudson U.S. District Court - Eastern District

Where a party challenging a settlement that resolved nine class action consumer lending cases lacked standing, delayed in seeking intervention and failed to show it had an interest in the litigation, its motion was denied. Background Eventide Credit Acquisitions LLC ...

Tagged with: Consumer Protection Judge Robert E. Payne U.S. District Court - Eastern District