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Tag Archives: Consumer Protection

Va. Cir.: Wrong burial plot purchase caused by mistake, not fraud (access required)

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 ...

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Important Opinions January – June 2018 (access required)

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The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, ...

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EDVA: No servicemark in anti-cybersquatting case (access required)

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. ...

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4th Cir.: No vicarious liability for sellers’ TCPA misconduct (access required)

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 ...

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EDVA: “Astounding allegations” sustain 11-count complaint (access required)

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 ...

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WDVA: Law firm’s time-barred debt action is triable FDCPA violation (access required)

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 ...

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