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

A satellite television provider is responsible for a $61 million judgment because its outside sales agent violated the Telephone Consumer Protection Act, or TCPA, by calling persons on the national Do-Not-Call registry. Background Dr. Thomas Krakauer brought suit against Dish ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge J. Harvie Wilkinson III

Years after the expiration of the statute of limitations, homeowners can still sue lenders for allegedly violating an anti-kickback law because they plausibly alleged the lenders concealed their conduct sufficient to toll the statute of limitations. Background Each of the ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge James A. Wynn Jr.

Political organizations argued that an exception for debt collection under the autodialer ban in the Telephone Consumer Protection Act, or TCPA, represented unconstitutional content-based discrimination against other speech. The Fourth Circuit agreed but held that the exception was severable from ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge Robert B. King

A homeowner alleging a violation of the Consumer Leasing Act will be able to move forward with his claim thanks to a recent Fourth Circuit decision. Although a magistrate judge had recommended dismissing the claim for lack of standing, a ...

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

A putative class action suit has been expanded to include a new defendant after the court granted the plaintiff’s motion for leave to file a second amended complaint. Although the defendants argued the plaintiff waited too long to file his ...

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