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Tag Archives: Consumer Protection

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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WDVA: Law firm’s time-barred debt action is triable FDCPA violation (access required)

A law firm that initiated a lawsuit to collect a debt owed to its client could be found liable for a violation of the Fair Debt Collection Practices Act, since the action was time-barred. The law firm’s assertion of the ...

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No FDCPA Claim for Medical Bill Collector (access required)

In plaintiff’s suit against a collection agency trying to collect her unpaid medical bill of $143.80, plaintiff alleges no falsehood, misrepresentation, unfairness or unconscionable means covered by the Fair Debt Collection Practices Act, and the Newport News U.S. District Court ...

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Fair Debt Claim Survives for ‘Validation Notice’ (access required)

A consumer debtor suing defendant debt collector has stated a claim under the Fair Debt Collection Practices Act with allegations that defendant’s initial collection letter failed to comply with statutory requirements for a proper debt “validation notice” informing plaintiff of ...

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