Where the purchaser of a vehicle argued she was entitled to void the transaction and keep the vehicle because the defendant failed to make certain required disclosures, her suit was dismissed. She relied on statutory provisions that apply only to ...

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

Attorneys who successfully represented a class of persons who alleged that carriers failed to disclose material information to policyholders of long-term care, or LTC, policies, to their detriment, were awarded up to $13 million in fees. Background Plaintiffs filed a ...

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

Where the purchaser of a treadmill alleged that manufacturers made false representations about the treadmills’ horsepower, her Virginia warranty and fraud claims survived their motions to dismiss. Background This is a putative class action brought by Wendy Prince, on behalf ...

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

Where an automotive manufacturer who was sued for allegedly violating the Lemon Law failed to timely respond to requests for admissions, or RFAs, and only discovered the error when the vehicle owner moved for summary judgment, the court allowed the ...

Tagged with: Consumer Protection Judge Thomas T. Cullen U.S. District Court - Western District

Where the owner of a truck who is suing the manufacturer for violating Virginia’s Lemon Law and the federal Magnuson-Moss Warranty Act failed to identify his expert within the deadline set by the court, but there was sufficient time to ...

Tagged with: Consumer Protection Judge Thomas T. Cullen U.S. District Court - Western District

Where a waiver limiting the ability of borrowers to bring a class action suit did not allow them to vindicate their federal rights, it was unenforceable. Background This class-action proceeding relates to a lending scheme allegedly designed to circumvent state ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge Robert E. Payne

Where three persons argued that it was unfair to send rate increase letters to class members during the same time period as settlement negotiations and preliminary approval of a putative class-action suit over long-term care policies was occurring, their objections ...

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

Where a manufacturer sued for allegedly failing to repair a gear shift defect in a vehicle removed the suit to federal court because it sought relief under the Magnusson-Moss Warranty Act, a federal statute, but that statute limits federal court’s ...

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

Where objections lodged by persons to a preliminary class settlement resulted in changes to the settlement agreement that materially increased the benefits to class members, the objectors were each awarded $7,500, along with their attorney’s fees. Background Plaintiffs filed a ...

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

Where renters alleged that property management companies violated the North Carolina Residential Rental Agreements Act, or RRAA, by charging them out-of-pocket costs for summary ejectment proceedings, but the General Assembly then amended the statute to allow these charges, and made ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge Henry F. Floyd