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Tag Archives: Consumer Protection

Disagreement with fee is not ‘risk of real harm’ (access required)

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 ...

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Intervention motion dismissed as untimely (access required)

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 ...

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Complaint fails to allege ‘debt’ covered by FDCPA (access required)

Where the complaint included only conclusory allegations that communication from a debt collection agency involved “debt” within meaning of the Fair Debt Collection Practices Act, the suit was dismissed. Background Kristyn Epps filed a putative class action complaint, asserting a ...

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Debt collectors liable for deceptive conduct (access required)

Where debt collectors did not meaningfully disclose their identities and made false representations, they violated the Fair Debt Collection Practices Act, or FDCPA. The plaintiff was awarded $1,000 in actual damages, $1,000 in statutory damages and $18,000 in attorneys’ fees. ...

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Complaint fails to show law firm violated Fair Debt act (access required)

A homeowner’s claim that a law firm violated the Fair Debt Collection Practices Act in its efforts to collect overdue homeowners’ association fees was dismissed because the complaint did not include sufficient factual allegations showing the firm and its principal ...

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Statute runs from each ‘violation’ of Fair Debt act (access required)

Where the debtors filed suit within one year of the defendant’s alleged violations of the Fair Debt Collection Practices Act, it was timely. Because the statute of limitations runs from the date of each “violation,” the fact the defendant had ...

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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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