A law firm that initiated a lawsuit to collect a debt owed to its client could be found liable for a violation of the Fair Debt Collection Practices Act, since the action was time-barred. The law firm’s assertion of the ...

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

The court largely dismissed with prejudice the claims of two former homeowners seeking rescission of the foreclosure sale of their property, finding that their legal theories were not viable. However, the court granted the plaintiffs leave to amend as to ...

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

A towing company was liable for treble damages and attorneys’ fees for misrepresenting the value of its auto towing, storage, and auction fees to a consumer, the court held. Plaintiffs Dena and Jay Hughes’ 2005 Honda S-2000 was towed from ...

Tagged with: Consumer Protection Judge David B. Carson Roanoke Circuit Court Virginia Circuit Courts

In plaintiff’s suit against a collection agency trying to collect her unpaid medical bill of $143.80, plaintiff alleges no falsehood, misrepresentation, unfairness or unconscionable means covered by the Fair Debt Collection Practices Act, and the Newport News U.S. District Court ...

Tagged with: Consumer Protection Judge Michael C. Allen U.S. District Court - Eastern District

A consumer debtor suing defendant debt collector has stated a claim under the Fair Debt Collection Practices Act with allegations that defendant’s initial collection letter failed to comply with statutory requirements for a proper debt “validation notice” informing plaintiff of ...

Tagged with: Consumer Protection Judge Raymond A. Jackson U.S. District Court - Eastern District

In this class action suit alleging plaintiff purchased two Samsung Galaxy S4 cell phones that could only operate on a Code Division Multiple Access network, which defendant Cricket Communications was shutting down, the district court erred in remanding the case ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge Allyson K. Duncan

The statutory procedural requirement that a debt collector accurately report that a consumer debt is disputed is a substantive right enacted by Congress in the Fair Debt Collection Practices Act, and plaintiff has alleged an injury in fact from an ...

Tagged with: Consumer Protection Judge Mark Davis U.S. District Court - Eastern District

A Richmond U.S. District Court adopts a magistrate judge’s recommendation and denies dismissal of plaintiff’s suit alleging defendant violated the Fair Credit Reporting Act by falsely reporting a balance on her home mortgage loan, which plaintiff asserts had been paid ...

Tagged with: Consumer Protection Judge M. Hannah Lauck Judge Roderick C. Young U.S. District Court - Eastern District

A plaintiff who took out a home mortgage while he was serving in the U.S. Navy and defaulted on the mortgage loan after his discharge from the Navy, but joined the U.S. Army after notification of foreclosure proceedings, is not ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge Paul V. Niemeyer

A plaintiff who alleges defendant collection agency continued to note on her credit report a debt to a radiologist after plaintiff’s notice that the debt was disputed, fails to state how she was damaged by this alleged act, and the ...

Tagged with: Consumer Protection Judge Henry E. Hudson U.S. District Court - Eastern District