In a first-impression case, an Alexandria U.S. District Court says the FDCPA does not allow to a mortgage borrower as a private litigant injunctive and declaratory relief that can cancel or extinguish a debt as a remedy for violations of ...

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

A mortgage debtor has not stated a Truth-in-Lending claim against a mortgage lender based on the debtor’s bare assertion of an undisclosed finance charge as part of a $250 notary fee, which the bank claims is covered under the Special ...

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

Applying Twombly and Iqbal, a Richmond U.S. District Court dismisses a plaintiff’s complaint that defendant Equity One violated the Fair Credit Reporting Act by illegally accessing plaintiff’s credit reports. According to the complaint, the inadequate data matching and public record ...

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

Consumer lawyers in Virginia have been mounting an onslaught of legal challenges to foreclosures. Some of their tactics have succeeded, including a challenge based on a HUD lender’s failure to schedule a face-to-face meeting with a homeowner before foreclosure. Another ...

Tagged with: Consumer Protection Judge Richard L. Williams U.S. District Court - Eastern District

Homeowners who changed their mind about refinancing lose their Truth-in-Lending claim against a lender who deducted credit report and appraisal costs from their $500 deposit; the 4th Circuit says the right to rescind under 15 U.S.C. § 1635(a) is available ...

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

Although Bank of America is offering almost $10 million to settle this class action suit alleging the bank’s delayed disclosure of its use of credit scores for real estate loan applicants violated the Fair Credit Reporting Act, a magistrate judge ...

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

A federal magistrate judge in Roanoke has approved the settlement of a consolidated consumer class action lawsuit against Bank of America for nearly $10 million. Consumer advocates had sued to force quicker credit disclosures by the bank to loan applicants. ...

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

A lawyer’s initial letter to debtor’s husband asserting the husband signed a note securing a deed of trust on property purchased by debtor, and threatening legal action for husband’s default, states a claim for violation of the Fair Debt Collection ...

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

The 2005 BAPCA eliminated the “ride-through” option that permitted Chapter 7 debtors who were current on their car loans to continue making payments and keep the car after bankruptcy discharge, and the 4th Circuit affirms a lower court’s decision to ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge Dennis W. Shedd

Fourteen organizations will receive $4.1 million from a class action settlement under the Fair Credit Reporting Act because some class members could not be found or did not cash the checks mailed to them as part of the $20.8 million ...

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