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Tag Archives: Consumer Protection

Complaint fails to show law firm violated Fair Debt act (access required)

A homeowner’s claim that a law firm violated the Fair Debt Collection Practices Act in its efforts to collect overdue homeowners’ association fees was dismissed because the complaint did not include sufficient factual allegations showing the firm and its principal ...

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Statute runs from each ‘violation’ of Fair Debt act (access required)

Where the debtors filed suit within one year of the defendant’s alleged violations of the Fair Debt Collection Practices Act, it was timely. Because the statute of limitations runs from the date of each “violation,” the fact the defendant had ...

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Attorney restriction in settlement pact violates public policy (access required)

Although the plaintiff’s attorney agreed, as part of a settlement of a case under the Fair Credit Reporting Act, to not bring further claims against Equifax Information Services LLC for 18 months, and Virginia’s ethics rule does not prohibit such ...

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Consultant’s report not entitled to work product protection (access required)

Where a security consultant had a preexisting relationship with Capital One and its report was pursuant to a prior statement of work and master services agreement, its retention by outside legal counsel after a security intrusion did not provide work ...

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‘Deceptive’ email supports Fair Debt claim (access required)

Where a debt collector promised to file a notice of satisfaction “upon receipt” of payment, and then garnished the plaintiff’s wages after receiving that payment, the deceptive email gave rise to a claim under the Federal Debt Collection Practices Act. ...

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Additional claims allowed in interior molded doors antitrust suit (access required)

In a suit alleging two companies unlawfully conspired to fix prices in the market for interior molded doors, new claims under various state consumer protection statutes were allowed. However, time-barred damages claims of new plaintiffs did not “relate back” to ...

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Attorneys’ fees reduced by half based on lack of success (access required)

Although the plaintiff prevailed on a claim under the Fair Debt Collection Practices Act, his overall lack of success, including recovering only 1.25% of the damages sought on the one count on which he prevailed, resulted in a 50% reduction ...

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Fair Debt claim goes forward; Fair Credit claim dismissed (access required)

Where the plaintiff plausibly alleged a company was a “debt collector” under the Fair Debt Collection Practices Act and was unfairly attempting to collect a debt, his FDCPA claim survived a motion to dismiss. But because a provision of the ...

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Home purchasers not harmed by title company’s alleged conduct (access required)

Although the home purchasers alleged they were steered to a particular title company because of undisclosed kickbacks paid by that company to the realtor, they failed to allege they were charged more by the title company and thus lacked standing ...

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