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

An Alexandria U.S. District Court says a 2010 U.S. Supreme Court requires some changes in application of this circuit’s rules on making fee awards, and the district court awards a plaintiff, who had partial success in his Truth-in-Lending Act suit, ...

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

A law firm attempting to collect credit-card debt can invoke the mandatory arbitration clause in debtors’ credit-card agreements, and a Richmond U.S. District Court orders arbitration of this class-action lawsuit against the law firm under the Fair Debt Collection Practices ...

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

A plaintiff who received a reduction in his home mortgage payment as part of the Home Affordable Modification Trial Period Plan (TPP) cannot pursue a claim under the Truth in Lending Act after the lender cancelled his participation for deficient ...

Tagged with: Consumer Protection Judge Michael F. Urbanski U.S. District Court - Western District

A consumer’s Ford 650 Series truck that has suffered mechanical malfunctions is not a “consumer product” under the Magnuson-Moss Warranty Act or a “motor vehicle” under the Virginia Lemon Law, and a Richmond U.S. District Court magistrate judge awards summary ...

Tagged with: Consumer Protection Judge David J. Novak U.S. District Court - Eastern District

Lawyers who used FOIA requests to the South Carolina DMV to find plaintiff car buyers for a potential class action against car dealers for collection of unlawful fees did not violate a federal privacy statute that protects drivers’ personal information; ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge Andre M. Davis

Federal regulations under the National Banking Act do not preempt a Maryland statute that governs repossession of personal property; Maryland has the right to regulate the notices lenders sent to borrowers before they repossess goods bought on a retail installment ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge G. Steven Agee

An Alexandria U.S. District Court denies reconsideration of its earlier dismissal of plaintiff borrower’s suit under the Truth in Lending Act as time-barred because filed outside the TILA’s three-year statute of repose [VLW 011-3-463]; the court’s earlier decision correctly dismissed ...

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

A debtor suing on an alleged Truth-in-Lending Act disclosure violation lost his right to pursue his claim when he rejected defendant’s Rule 68 offer of judgment; an Alexandria U.S. District Court says because the Rule 68 offer provided for complete ...

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