A collections lawyer is not liable for false representations that violate the Fair Debt Collection Practices Act just because she made “immaterial technical errors” when responding to a debtor’s counterclaim. Alexandria Senior U.S. District Judge T.S. Ellis III rejected the ...

Tagged with: Consumer Protection Federal Courts Judge T.S. Ellis III Loudoun County Circuit Court

A collections’ lawyer’s legal responses to a debtor’s TILA and usury counterclaims do not violate the Fair Debt Collections Practices Act, merely because they are “unsuccessful or contain immaterial technical errors,” and an Alexandria U.S. District Court dismisses FDCPA claims ...

Tagged with: Consumer Protection Judge T.S. Ellis III U.S. District Court - Eastern District

In this lawsuit by the owner of two champion Labrador Retrievers against an animal hospital that allegedly breached an agreement to collect and preserve dog semen samples, a Richmond U.S. District Court dismisses the owner’s claims for negligent misrepresentation, constructive ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge John A. Gibney Jr.

The Lynchburg U.S. District Court awards a used car purchaser nearly $10,000 in attorney’s fees after awarding about $2,000 in damages on his Truth in Lending Act (TILA) and state law usury claims; defendant used car dealer has failed to ...

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

An Alexandria lawyer who mistakenly sought attorney’s fees in a collection case is safe from an accusation that he violated the Fair Debt Collection Practices Act. The “bona fide error defense” protected the lawyer from suit, even though the nursing ...

Tagged with: Consumer Protection Federal Courts Judge Albert Diaz

A credit-card company’s failure to use the Consumer Data Industry Association’s 2009 Credit Reporting Resource Guide to investigate a credit reporting dispute after a debtor’s bankruptcy discharge did not violate the Fair Credit Reporting Act’s command to conduct a “reasonable” ...

Tagged with: Consumer Protection Judge Claude M. Hilton U.S. District Court - Eastern District

A lawyer accused of unfair debt collection is protected by the “bona fide error defense,” even though he persisted in seeking attorney fees under an invalid contract, a federal appeals court panel has ruled. The 4th U.S. Circuit Court of ...

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

A car buyer suing a used car dealership for allegedly selling him a Honda Accord under an unsigned retail installment sales contract that charged 28 percent interest, is entitled to a default judgment, but he cannot collect $2,000 in statutory ...

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

A West Virginia consumer credit statute’s one-year statute of limitations, which runs from the “due date of the last scheduled payment of the agreement,” started on the date the lender accelerated the borrower’s mortgage loan, not on the 2030 loan ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge Barbara Milano Keenan

A homeowner may exercise a right to rescind a mortgage transaction under the Truth in Lending Act by notifying the creditor within the three-year period; the owner is not required to file a lawsuit within the three-year window to exercise ...

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