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

Some Northern Virginia drivers socked with high-dollar court judgments for unpaid HOT Lanes tolls may have a legal tool to undo the damage. A Fairfax County general district judge ruled last month that the toll operator had improperly used an ...

Tagged with: Consumer Protection General District Court

An employer accused of violating the Fair Credit Reporting Act’s requirement that a disclosure of procurement of a credit report be made “in a document that consists solely of a disclosure” is denied summary judgment on the ground that its ...

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

In this class action alleging defendant law firm’s collection letter violated the Fair Debt Collection Practices Act, defendant firm’s Rule 68 Offer of Judgment did not moot plaintiff’s suit, and the Richmond U.S. District Court finds a factual dispute as ...

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

In 2011, a class action lawsuit was filed against Mountain State University on behalf of a Bachelor of Science in nursing student and other similarly situated nursing students and graduates, alleging that MSU failed to honestly and accurately represent the ...

Tagged with: Consumer Protection Fraud Million-Dollar Settlements

A company that provided minimal Internet services and structured its business, including increasing its server storage capacity, to maximize its harvesting of spam in order to sue for damages under Maryland and California anti-spam statutes, may not recover because it ...

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

Plaintiffs’ loan agreements with an online lender on a Cheyenne River Sioux Tribe Reservation stating arbitration is to be conducted by an authorized representative of the CRST can be enforced against plaintiffs by the third-party debt collector on the loans; ...

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

A plaintiff who alleges his mortgage lender instructed him to skip two payments in order to apply for the Home Affordable Modification Program and then initiated foreclosure proceedings against him cannot amend his complaint to allege violations of the Fair ...

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

An Alexandria U.S. District Court says a servicemember who incurred a monthly home mortgage payment of $2,151 in Illinois prior to being called to active duty, and who then was transferred to Washington Navy Yard in DC, where he incurred ...

Tagged with: Consumer Protection Judge Liam O'Grady U.S. District Court - Eastern District