Quantcast

Tag Archives: Consumer Protection

Witness was not adequately prepared for deposition (access required)

Although the defendant’s corporate witness was unable to respond to a number of topics listed on the Rule 30(b)(6) notice, the plaintiff, who alleged violations of the Fair Debt Collection Act in efforts to collect student loan debts, lost his motion ...

Read More »

RICO/usury suit against tribal lenders stays in federal court (access required)

Where tribal officials argued that the plaintiffs’ RICO claims, based on allegations their consumer loans violated usury statutes, should be heard in arbitration or dismissed,  the arbitration provisions were deemed unenforceable and the plaintiffs’ claims were largely sufficient at this ...

Read More »

Capital One loses bid to stay consumer suit (access required)

Capital One Financial Corporation lost its bid to stay a Federal Telephone Consumer Protection Act, or TCPA, suit pending a ruling either from the Federal Communications Commission or the United States Supreme Court on the correct interpretation and application of ...

Read More »

Fair Credit defendant must comply with discovery (access required)

Where jurisdictional discovery in a class action under the Fair Credit Reporting Act was previously allowed, a consumer reporting agency’s objections were overruled, its efforts to narrow the scope of the requests were denied and it was ordered to comply ...

Read More »

Debt collection letter not false, misleading or ‘overshadowing’ (access required)

Where language in a debt collection letter sent by a law firm was not false or misleading and did not “overshadow” the required validation notice from the debt collector, a woman’s suit alleging violations of the Fair Debt Collection Act ...

Read More »

Bankrupt’s claims against financial institutions narrowed (access required)

Where a plaintiff in bankruptcy alleged a bank and mortgage company violated an automatic stay and committed fraud, his action was dismissed for failure to state a claim. His suit against a debt collector for allegedly violating the Federal Debt ...

Read More »

Law firm’s attempt to collect debts did not violate FDCPA (access required)

Where a law firm representing a homeowners association attempted to collect outstanding debts from homeowners by filing a writ of garnishment and lien that included post-judgment enforcement costs, it did not violate the Fair Debt Collection Practices Act. Background Homeowners ...

Read More »