Where a woman received a debt collection letter titled “NOTICE OF SETTLEMENT IN FULL” that stated the account balance was $0.00, her argument that the letter was misleading failed because the least sophisticated consumer would understand the debt was settled ...

Tagged with: Consumer Protection Judge Elizabeth K. Dillon U.S. District Court - Western District

Where the plaintiff alleged only an “informational injury” stemming from an  alleged misrepresentation in a letter from a debt-collection company, he lacked standing to assert his claims under the Fair Debt Collection Practices Act, or FDCPA. Background This is a ...

Tagged with: Consumer Protection Judge Roderick C. Young U.S. District Court - Eastern District

Where tenants alleged that Senex Law, a law firm hired by their landlord, made materially false and misleading statements in debt collection notices, the firm’s motion to dismiss was denied. Background Jennifer Lord, Ebony Reddicks and Toniraye Moss have filed ...

Tagged with: Consumer Protection Judge Michael F. Urbanski U.S. District Court - Western District

Where a patient was told she could only dispute medical debt in writing, but the Fair Debt Collection Practice Act does not restrict how consumers may dispute alleged debt, the patient was presumably damaged by having to purchase a stamp, ...

Tagged with: Consumer Protection Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where the Military Lending Act, or MLA, provides that it does not apply to auto finance transactions, a serviceman’s claim that a credit corporation violated the MLA in connection with his purchase of a vehicle was dismissed. Although the Department ...

Tagged with: Consumer Protection Judge Leonie M. Brinkema U.S. District Court - Eastern District

Where a defendant in a “Rent A Tribe” suit sought to appeal a sovereign immunity decision, its motion was denied because the issue involved a question of fact, there was no substantial ground for difference of opinion and an appeal ...

Tagged with: Consumer Protection Judge Robert E. Payne U.S. District Court - Eastern District

Where a provider of background check reports was sued for allegedly including accurate criminal information and the plaintiffs attempted to hold it liable as a publisher, the suit was barred by 47 U.S.C. § 230 of the Communications Decency Act ...

Tagged with: Consumer Protection Judge Henry E. Hudson U.S. District Court - Eastern District

Where the purchaser of a vehicle showed that he was tricked during credit discussions and won a default judgment of more than $100,000, he was awarded over $28,000 in attorneys’ fees and costs after proving the hours, rates and success ...

Tagged with: Consumer Protection Judge Theresa C. Buchanan U.S. District Court - Eastern District

Where the plaintiff alleged that he suffered emotional distress after he was denied credit because a loan servicing provider inaccurately reported him as arrears on his mortgage, he alleged harm sufficient to establishing standing to sue for violations of the ...

Tagged with: Consumer Protection Judge David J. Novak U.S. District Court - Eastern District

Where a lawyer settled unfair debt collection claims in 2010 and plaintiffs assert he has yet to pay the amount he was ordered to pay, his effort to vacate that settlement failed because his Rule 60(b)(1) motion was untimely, his ...

Tagged with: Consumer Protection Judge Robert E. Payne U.S. District Court - Eastern District