Allegations that a health care provider concealed certain “surcharges” until after emergency room services were rendered were insufficient to state a fraud claim because there was no allegation or assertion that the provider knew the plaintiff was acting on the ...

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

Where a 2018 amendment to the North Carolina Rental Agreements Act, or RRAA, allowed landlords to start charging certain fees that were previously prohibited, it substantively altered the rights of tenants and landlords, so it could only be applied prospectively, ...

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

Where the parties in a dispute over whether a fax was an unsolicited advertisement never briefed what level of deference should be afforded a 2006 FCC rule interpreting what constitutes an “advertisement” under the Telephone Consumer Protection Act, the case ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge Albert Diaz

Several of the court’s factual findings in its sovereign immunity ruling, that were relied upon by the Fourth Circuit in finding two of the defendants in a “Rent A Tribe” scheme were entitled to sovereign immunity, were shown to be ...

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

The settlement of a class action alleging that Genworth made false representations when offering contractual options to its long-term care policyholders and failed to disclose anticipated premium rate increases, was given final approval after a factual finding that it was ...

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

Objections to a proposed class action settlement arising out of an alleged failure to disclose material information about long-term care insurance, including that the notice was inadequate, the settlement did not offer concrete benefits and rates might increase, were rejected. ...

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

Where one company received escrow funds for a tax payment to be made on behalf of a borrower, and the servicing rights were transferred in the window between the borrower’s payment to escrow and the tax’s due date, the Real ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge Julius N. Richardson

A plaintiff’s Fair Credit Reporting Act claims against the credit reporting company Experian failed to include sufficient factual allegations to make them plausible, or were implausible in light of the factual allegations in the complaint. Background On Nov. 11, 2019, ...

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

Although the Fourth Circuit has held that a “separate violation” of the Fair Debt Collection Practices Act occurs every time an improper communication, threat or misrepresentation is made, where a suit was filed on April 2, 2019, alleging FDCPA violations ...

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

Although a similar case had just concluded in the Central District of California, a majority of factors under 28 U.S.C. § 1404, including the plaintiff’s choice of forum and interests of justice, did not favor transfer to that court, in ...

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