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 ...

Tagged with: Consumer Protection Judge David J. Novak U.S. District Court - Eastern District

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 ...

Tagged with: Consumer Protection Judge Elizabeth K. Dillon U.S. District Court - Western District

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 ...

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

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 ...

Tagged with: Consumer Protection Judge Rebecca Beach Smith U.S. District Court - Eastern District

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 ...

Tagged with: Consumer Protection Judge Norman K. Moon U.S. District Court - Western District

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Per Curiam Opinion

Where defendants are alleged to be involved in an unlawful lending operation where a non-tribal entity and a Native American tribe establish a company in the tribe’s name, the defendants argued the suit should be transferred to Texas federal court, ...

Tagged with: Consumer Protection Judge M. Hannah Lauck U.S. District Court - Eastern District

Where the complaint alleged that Trans Union reported inaccurate information in connection with the plaintiff’s application for a car loan, and that it failed to follow reasonable procedures to ensure the accuracy of its credit reports, Trans Union’s motion to ...

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

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 ...

Tagged with: Consumer Protection Judge M. Hannah Lauck U.S. District Court - Eastern District

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 ...

Tagged with: Consumer Protection Judge M. Hannah Lauck U.S. District Court - Eastern District