A plaintiff wins default judgment in her suit alleging defendant collection agency repeatedly called her at work and “occasionally screamed” at her in attempting to collect on a consumer debt, even after being informed that she had a lawyer; the ...

Tagged with: Consumer Protection Judge James R. Spencer U.S. District Court - Eastern District

In this class action alleging defendants violated the Credit Repair Organizations Act, the 4th Circuit upholds a district court’s refusal to set aside an arbitrator’s decision awarding plaintiffs only punitive damages on the violations and finding plaintiffs’ attorney’s fees and ...

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

An English-speaking woman who received a collection letter written almost entirely in Spanish can bring a claim against the collection agency under the Fair Debt Collections Practices Act, a federal judge in Alexandria has ruled. The plaintiff, Caroline Dykes, does ...

Tagged with: Consumer Protection Federal Courts Judge James C. Cacheris

Plaintiff purchased a vehicle from the defendant dealership. The plaintiff alleged that during the negotiations for the vehicle, she explained her need for reliable and safe transportation for her family. She asked the salesman why the vehicle was being sold ...

Tagged with: Chesapeake Circuit Court Consumer Protection Fraud

On remand from the 4th Circuit, a Richmond U.S. District Court reviews the elements for determining class certification in this suit alleging defendant Equifax violated the Fair Credit Reporting Act when it allegedly failed to remove from her credit report ...

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

The 4th Circuit affirms summary judgment for defendants GNC and Rite Aid in this suit alleging violation of various states’ consumer protection laws by marketing glucosamine and chondroitin supplements as promoting joint health; because the marketing statements that accurately describe ...

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

Two realty company employees violated the Credit Repair Organizations Act by misrepresenting that they would assist plaintiff homeowners by improving their credit rating and applying for a mortgage loan modification, accepting payments from plaintiffs and using plaintiff’s debit card number ...

Tagged with: Consumer Protection Judge John F. Anderson U.S. District Court - Eastern District

The Supreme Court of Virginia had mostly good news this month for lawyers seeking damages in state courts. The court opened doors for disgruntled consumers and removed one possible hurdle for litigants seeking punitive damages. The court also made it ...

Tagged with: Attorney General Mark Herring Consumer Protection Judge Charles F. Sharp Judge F. Patrick Yeatts Judge Joseph J. Ellis Justice Cleo E. Powell Justice William C. Mims Lynchburg Circuit Court Personal Injury Spotsylvania Circuit Court Stafford County Circuit Court Supreme Court of Virginia News

A plaintiff may prove a violation of the Virginia Consumer Protection Act by a preponderance of the evidence; the higher burden of proof, clear and convincing, does not apply, and a homeowner with a flooded basement wins a retrial, says ...

Tagged with: Consumer Protection Justice William C. Mims Supreme Court of Virginia

An aircraft owner who is suing a defendant hired to overhaul the engine of an antique Curtiss JN4-D aircraft for breach of contract and violation of the Virginia Consumer Protection Act can use a witness who had a similar experience ...

Tagged with: Consumer Protection Judge James C. Cacheris U.S. District Court - Eastern District