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Consumer Protection

Sep 11, 2023

Man’s telemarketing claims dismissed

Where a man suing over an alleged unwanted telephone solicitation call failed to plead facts making it plausible that the defendant made the call, his lawsuit was dismissed. Background This action stems from John Bryant’s purported receipt of a single unwanted telephone call soliciting insurance policies that purportedly violated federal and state telemarketing laws. AccuQuote […]

Sep 11, 2023

Military families allege ‘reprehensibly poor’ housing

Where military families sued the landlord and property managers allegedly responsible for housing at Fort Belvoir, alleging reprehensibly poor housing conditions, including water intrusion, mold growth and pest infestations, and that the defendants have engaged in a systematic practice of misrepresenting that repairs had been performed, they plausibly alleged a claim under the Virginia Consumer [&[...]

Aug 16, 2023

Defendants failed to dismiss alleged ‘rent-a-tribe’ suit

Where multiple defendants sued for their alleged role in a “rent-a-tribe” scheme to avoid usury laws moved to dismiss the complaint on jurisdiction, statute of limitations and plausibility grounds, their motions were denied. Background This suit arises out of defendants’ participation in an allegedly unlawful short-term, payday lending operation, elements of which were the subject […]

Jul 27, 2023

Individual denied summary judgment on usury claims

Where an individual sued for his alleged role in a scheme to circumvent state usury laws argued he was entitled to judgment on the usury claims because he did not personally take or receive the loan payments, and there was no allegation sufficient to pierce the corporate veil, his argument was rejected. The statute permits […]

Jul 25, 2023

Data breach suit dismissed for standing, causation

Where persons suing over a data breach largely lacked standing because they had not suffered any injuries, and the one person who had standing failed to connect his alleged injury to the data breach, the suit was dismissed. Background This matter comes before the court on a motion to dismiss filed by Elephant Insurance Company, […]

Jul 3, 2023

Putative class action against Amazon transferred

Where a woman suing Amazon for allegedly deceptive trade practices consented to the exclusive jurisdiction and venue for all claims in Washington state when she signed up for her account, and the public factors favored transfer, the suit was transferred to that federal district court. Background This is a putative class action alleging that defendants’ […]

Eviction notice
Jun 26, 2023

Landlords’ law firm is ‘debt collector’

A law firm that sent delinquency notices to tenants for multiple landlords was engaged in debt collection regulated by the Fair Debt Collection Practices Act, or FDCPA, the Western District of Virginia has ruled. The law firm claimed its clients were the only “debt collectors” regulated by the FDCPA because each landlord reviewed and electronically […]

Jun 22, 2023

Lender dodges Military Lending Act lawsuit

Where a proposed class action was filed against a lender for allegedly violating the Military Lending Act, but the majority of the challenged transactions were time-barred, and the remaining challenged transactions failed to state a claim, the suit was dismissed. Background Plaintiffs brought this proposed class action against Omni Financial of Nevada Inc. for violations […]

Jun 22, 2023

Debt collector was not registered with SCC

Where a company filed suit to collect a debt allegedly owed by a consumer, but it was not registered with the Virginia State Corporation Commission, or SCC, at the time, the consumer sued the company for violating the Fair Debt Collection Practices Act, or FDCPA. Background According to the complaint, Jacqueline Goodall allegedly incurred a […]

Jun 22, 2023

Law firm for landlords is ‘debt collector’ under FDCPA

Where a law firm drafted, processed and sent delinquent rent notices, that was “debt collection” activity that subjected it to the requirements of the Fair Debt Collection Practices Act. Background This matter is before the court on plaintiffs’ motion for partial summary judgment and Senex Law PC’s motion for summary judgment. At issue is whether […]

Jun 11, 2023

Court lacks jurisdiction over suit against insurer

Where a doctor alleged an insurance company failed to fairly compensate him for his services, and the insurance company removed the suit to federal court and argued the claim was preempted by the Employee Retirement Income Security Act of 1974, the suit was remanded. The doctor lacked standing to assert claims under ERISA. Background On […]

May 23, 2023

Woman gets judgment against dealer, repair shop

Where the purchaser of a motor vehicle showed that the seller and an affiliated repair shop failed to make disclosures required by the Truth in Lending Act and violated the Virginia Consumer Protection Act and Virginia usury law, she was awarded actual damages, statutory damages and attorney’s fees. Background This matter comes before the court […]

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