Consumer Protection

Aug 27, 2015

Borrowers Can Sue for Excessive Title Fees

A group of plaintiffs whose homes were foreclosed on by defendant law firm of Shapiro, Brown & Alt have stated a claim that defendant Professional Foreclosure Corporation is the alter ego of the firm and may sue for breach of the duty of impartiality by the trustee on the deed of trust and breach of […]

Aug 27, 2015

No Credit Union Insurance for Deposit Claims

A member of a church credit union whose sole manager defrauded the credit union of over $9 million and then committed suicide cannot collect any share insurance from the National Credit Union Association, as its audit indicated plaintiff member had a negative balance of $75,041 at the time the credit union was liquidated and determined […]

Aug 27, 2015

Job Applicant Has Fair Credit Claims

A plaintiff who alleges he has not received from defendant consumer reporting agency required information and disclosures under the Fair Credit Reporting Act during a job-application process and that a consumer report included dismissed charges that were too old to be lawfully included in the consumer report has alleged an injury in fact and the […]

Aug 21, 2015

Mortgage Borrower States ECOA Claims

A borrower who lost his home to foreclosure may sue the loan servicer for alleged violations of the federal and Virginia Equal Credit Opportunity Acts because he challenges the alleged revocation of an executed modification agreement, not the denial of a permanent modification following a Trial Period Plan; the Richmond U.S. District Court says plaintiff […]

Aug 17, 2015

Credit Report Notice Was Timely

In this suit alleging defendant Equifax did not timely notify certain consumers whose information was requested by the U.S. Office of Personnel Management, the Alexandria U.S. District Court grants summary judgment for defendant; Equifax had in place a policy and system to send notice on the same business day as the reports were sent to […]

Jul 30, 2015

Claim Not Mooted by Rule 68 Offer

Although defendant debt collectors have made a Rule 68 offer of judgment for the maximum statutory damages plaintiff could collect for alleged violations of the Fair Debt Collection Practices Act, plaintiff has not named a number for the actual damages she hopes to collect, and the Norfolk U.S. District Court denies dismissal based on plaintiff’s […]

Jul 29, 2015

‘Nasty’ Phone Message Violated FDCPA

A Roanoke U.S. District Court grants plaintiff’s motion for default judgment on plaintiff’s claim for violation of the Fair Debt Collection Practices Act by a collection agency representative’s “very detailed, nasty message” on plaintiff’s answering machine, heard by plaintiff’s roommate, after plaintiff provided her lawyer’s contact information to the collection agency. Plaintiff [...]

Jul 27, 2015

Spanish-Only Letter May Violate FDCPA

A debtor who could not read Spanish may sue defendant debt collection agency for violations of the Fair Debt Collection Practices Act for sending her dunning letters in Spanish, says an Alexandria U.S. District Court. Plaintiff claims that by sending the first collection letter, defendant violated numerous provisions of the FDCPA, including 15 U.S.C. § […]

Jul 27, 2015

Debtor Wins Fees in FDCPA Suit

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 Richmond U.S. District Court awards plaintiff $1,000 in statutory damages under the Fair Debt Collection […]

Jul 27, 2015

$2.6M in Fees Enough for CROA Claim

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 requested costs were unreasonable. Plaintiffs initiated an arbitration action alleging individual and class clai[...]

Jul 17, 2015

Spanish dunning letter supports Fair Debt suit

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 not speak any Spanish. The effort to collect a credit-card debt was “false, deceptive and […]

Jul 13, 2015

Car buyer: dealership didn’t disclose prior accident damage – $125,000 Settlement

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 as a used car when it only had 284 miles on it, and specifically asked […]