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Consumer Protection

Feb 1, 2023

Objectors to putative class settlement get service awards

Where objections lodged by persons to a preliminary class settlement resulted in changes to the settlement agreement that materially increased the benefits to class members, the objectors were each awarded $7,500, along with their attorney’s fees. Background Plaintiffs filed a putative class action complaint against Genworth Life Insurance Company and Genworth Life Insurance Company of […[...]

Jan 5, 2023

Lawsuit doomed by statutory amendment

Where renters alleged that property management companies violated the North Carolina Residential Rental Agreements Act, or RRAA, by charging them out-of-pocket costs for summary ejectment proceedings, but the General Assembly then amended the statute to allow these charges, and made the change retroactive, the companies were granted judgment. Background Tiffany Bass and Paula Wiggins sued [&hellip[...]

Jan 5, 2023

Objections to insurance settlement overruled

Where the court preliminarily approved a settlement in a lawsuit alleging a long-term care insurance carrier committed fraud by failing to advise policyholders of its plan to raise premiums, objections to the composition of the class, contents of the notice, sufficiency of the damages and overall fairness were overruled. Background Five persons filed a class […]

Dec 5, 2022

Foreclosure company fails to dismiss FDCPA claim

Where a homeowner alleged a company that instituted foreclosure proceedings failed to provide proper notice under Virginia law, and thus lacked a “present right to possession” of her property, she plausibly alleged a violation of the Fair Debt Collection Practices Act, or FDCPA. Background Mary Hill’s allegations in this lawsuit arise out of the reverse […]

Nov 22, 2022

Res judicata doesn’t bar attorney’s fees claim

Where two debt collectors argued an attorney’s fees claim brought by a consumer was barred by res judicata, but they failed to show that the prior dismissal was a judgment on the merits, and the prior litigation did not involve the same conduct, occurrence or transaction, the res judicata arguments were rejected. Background In this […]

Nov 14, 2022

Section 230 won’t shield data broker from FCRA claims

Where a website that provides third parties with information about individuals was sued for violating the Fair Credit Reporting Act, or FCRA, the Communications Decency Act did not immunize it from liability. Two of the counts did not seek to impose liability on the website as a speaker or publisher of any information, while the […]

Nov 14, 2022

Fraudsters fail to reverse trial verdict

Where the record showed that several individuals made half a dozen material misrepresentations in connection with a telemarketing scam, and that consumers were misled as a result, the verdicts for violations of the Federal Trade Commission Act and the Telemarketing Sales Rule were affirmed. Background Andris Pukke and other appellants sought to develop thousands of […]

Nov 8, 2022

Class action remanded after Supreme Court decision

Where a district court certified a class of persons who alleged they were all affected by a lack of independent home appraisals, but the Supreme Court then held that each class member must have suffered concrete harm from the challenged conduct, the case was remanded to the district court for reconsideration in light of the […]

Nov 8, 2022

Medical records providers dodge excessive charges suit

Where two women alleged that two companies that retrieve medical records from health care providers and transmit them to requesting patients or patient representatives charged too much for their services, but the statute only limits the ability of physicians to charge fees, the suit was dismissed. Background Tammie Thompson and Debra Love were injured in […]

Oct 9, 2022

Suit alleging 754 violations of federal law dismissed

Where a man claimed that defendants engaged in 754 violations of federal law when they allegedly bullied him into purchasing a vehicle that was later repossessed, his complaint was dismissed. It failed to plead facts plausibly showing violations of the four federal statutes arguably implicated by the complaint. Background Tayvon Harvey’s amended complaint alleges that […]

Sep 24, 2022

FCRA claim fails due to lack of damages

Where the plaintiff alleged that a company inaccurately reported his driver’s license number and state of issuance, but he only alleged emotional distress or wasted time damages in conclusory fashion, and his only economic damages were $1 in postage, the suit was dismissed for lack of standing. Background Ruhi Reimer sued LexisNexis Risk Solutions Inc., […]

Sep 8, 2022

Court rejects attempted ‘assignment’ of FLSA claim

Where an individual alleged that two credit corporations allegedly violated the Fair Debt Collection Practices Act, or FDCPA, he could not assign those claims to another individual to prosecute. Under Virginia law, only those causes of action for damage to real or personal property and causes of action ex contractu are assignable. Background Malik Jones, […]

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