Tag Archives: Consumer Protection

Denial of credit sufficient to establish standing (access required)

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 ...

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Attorneys’ fees demand results in FDCPA claim (access required)

Where defendants who provided a loan for the purchase of real property allegedly demanded attorneys’ fees before they became due under the promissory note, the plaintiff alleged a plausible claim under the Fair Debt Collection Practices Act, or FDCPA. Background ...

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Suit against officials really against government (access required)

Where a consumer brought a challenge against CMS officials in their individual capacities, alleging they violated the Telephone Consumer Protection Act by authorizing robocalls, his lawsuit was in reality aimed against the federal government, to which sovereign immunity applied. Background ...

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Volkswagen dodges suit over stop/start system (access required)

Although the plaintiffs alleged the start/stop system is defective in all nonhybrid Audi models made between 2017-2020, their fraud claims against Volkswagen were dismissed because they failed to identify any information about the system that was suppressed or concealed. Instead, ...

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Reference to statute insufficient for jurisdiction (access required)

Although a former tenant asserting a wrongful eviction claim repeatedly referenced the landlord’s participation in the Low Income Housing Tax Credit, or LIHTC, program, his state-law claims did not turn on any embedded federal question, the complaint did not appear ...

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Website alone can be a place of public accommodation (access required)

Although the Fourth Circuit has not addressed whether a website can constitute a place of public accommodation under the Americans with Disabilities Act, and other circuits have reached differing conclusions, the court agreed that places of “public accommodation” are not ...

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