Although the Virginia Consumer Protection Act covers interment rights, a plaintiff suing a cemetery owner failed to offer evidence of the misrepresentation needed to prove her claim. She said she asked for plots right next to her parents’ plots, but ...

Tagged with: Consumer Protection Contract Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts

A foreign company could not establish common-law trademark rights in the United States for the domain “klumba.com” because no American citizens used the company’s service. Hosting Google AdSense on the company’s Ukrainian site also didn’t put its mark in U.S. ...

Tagged with: Business Law Consumer Protection Intellectual Property Judge T.S. Ellis III U.S. District Court - Eastern District

Even though discovery was still open at the trial level, class-action plaintiffs could not present evidence creating a triable dispute about whether security-system manufacturers were vicariously liable for retailers’ TCPA violations. Background Appellee UTC Fire & Security Americas Corp. sold ...

Tagged with: 4th U.S. Circuit Court of Appeals Business Law Consumer Protection Contract Judge Allyson K. Duncan Telecommunications

In October 2015, wind and rain damaged Plaintiff Constance Moss’s home. Moss’s homeowner’s insurer soon issued a claim check for over $15,000. In a move she has lived to regret, Moss sent the check to her mortgage company, Defendant Manufacturers ...

Tagged with: Consumer Protection Contract Insurance Judge John A. Gibney Jr. Mortgage Real Property U.S. District Court - Eastern District

The district court lacked jurisdiction to consider the validity of an FCC rule regarding unsolicited faxes, and it erred in concluding that the rule applied only to faxes with a facially commercial aim. Background Appellee PDR Network is a company ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge Albert Diaz

A law firm that initiated a lawsuit to collect a debt owed to its client could be found liable for a violation of the Fair Debt Collection Practices Act, since the action was time-barred. The law firm’s assertion of the ...

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

A law firm that initiated a lawsuit to collect a debt owed to its client could be found liable for a violation of the Fair Debt Collection Practices Act, since the action was time-barred. The law firm’s assertion of the ...

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

The court largely dismissed with prejudice the claims of two former homeowners seeking rescission of the foreclosure sale of their property, finding that their legal theories were not viable. However, the court granted the plaintiffs leave to amend as to ...

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

A towing company was liable for treble damages and attorneys’ fees for misrepresenting the value of its auto towing, storage, and auction fees to a consumer, the court held. Plaintiffs Dena and Jay Hughes’ 2005 Honda S-2000 was towed from ...

Tagged with: Consumer Protection Judge David B. Carson Roanoke Circuit Court Virginia Circuit Courts

In plaintiff’s suit against a collection agency trying to collect her unpaid medical bill of $143.80, plaintiff alleges no falsehood, misrepresentation, unfairness or unconscionable means covered by the Fair Debt Collection Practices Act, and the Newport News U.S. District Court ...

Tagged with: Consumer Protection Judge Michael C. Allen U.S. District Court - Eastern District