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Tag Archives: Consumer Protection

Bankrupt’s claims against financial institutions narrowed (access required)

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 ...

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Law firm’s attempt to collect debts did not violate FDCPA (access required)

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 ...

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Claim against background check provider struck for third time (access required)

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 ...

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FCRA claim over alleged trivial error dismissed (access required)

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 ...

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Challenge to debt collection practice survives (access required)

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 ...

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Online lender sued for using alleged autodialer (access required)

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 ...

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Tribe subsidiaries invoke sovereign immunity to avoid consumer protection suit (access required)

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 ...

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Court reconciles seemingly redundant FCRA provisions for first time (access required)

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 ...

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