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

The Department of Education will not face a suit from a borrower alleging the department violated the Fair Credit Reporting Act by not conducting an investigation into the borrower’s dispute because the department has not waived its sovereign immunity against ...

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

In reversing dismissal of a plaintiff’s claim that defendant unlawfully accessed emails in his web-based email account, the court held, in an issue of first impression, that previously opened and delivered emails stored in a web-based email client are within ...

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

The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Banking Bankruptcy Civil Procedure Civil Rights Commercial Constitutional Consumer Protection Contract Corporate Criminal Domestic Relations Employment Evidence Federal Jurisdiction First Amendment Government Immigration Intellectual Property Personal Injury Real Property Search & Seizure Supreme Court of Virginia Traffic U.S. District Court - Eastern District U.S. District Court - Western District Virginia Circuit Courts Virginia Court of Appeals Wills & Trusts

The court entered an order enjoining lenders, who deceived Virginia consumers through an illegal “pension sale” lending scheme and charged in excess of 12 percent interest in violation of the Virginia Consumer Protection Act, from collecting usurious interest and from further ...

Tagged with: Consumer Protection Hampton Circuit Court Judge Bonnie L. Jones Virginia Circuit Courts

The Hodges Law Offices took no steps to advance litigation during a debt verification process, and thus did not violate the Fair Debt Collection Practices Act, which does not require a debt collector to dismiss an action initiated before a ...

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

Although a consumer lender imposed interest rates in violation of certain statutes, the commonwealth cannot sue it under the Virginia Consumer Protection Act because the lender falls within the Act’s exclusion as a small loan company. Background Allied Title Lending ...

Tagged with: Consumer Protection Judge Theodore J. Markow Richmond Circuit Court Virginia Circuit Courts