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Tag Archives: Consumer Protection

RICO/usury suit against tribal lenders stays in federal court

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 ...

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Capital One loses bid to stay consumer suit

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 ...

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Fair Credit defendant must comply with discovery

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 ...

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Debt collection letter not false, misleading or ‘overshadowing’

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 ...

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Bankrupt’s claims against financial institutions narrowed

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 ...

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Law firm’s attempt to collect debts did not violate FDCPA

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 ...

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Claim against background check provider struck for third time

Where the plaintiffs’ third attempt to plead plausible claims against a background check provider under the Fair Credit Reporting Act, was insufficient, the court dismissed the suit with prejudice. Background Plaintiffs’ three-count second amended class complaint alleges violations of the ...

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FCRA claim over alleged trivial error dismissed

Where the debt collector’s alleged $75 error in its attempt to collect overdue homeowners association fees was not material, the court dismissed the claim under the Fair Debt Collection Practices Act, or FDCPA. Background Lorranda Arnett brings her complaint against ...

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