Where a data provider located outside the commonwealth has no employees, offices or operations in Virginia; relies on third parties to collect data on Virginians and passes that information in bulk to other entities for their own use, a consumer’s ...

Tagged with: Consumer Protection Judge David J. Novak U.S. District Court - Eastern District

Where a plaintiff asserting a violation of the Fair Debt Collection Practices Act served the company’s HR business partner instead of its registered agent, the HR partner was not authorized to accept service and there appeared to be meritorious defenses ...

Tagged with: Consumer Protection Judge Thomas T. Cullen U.S. District Court - Western District

Where a mortgage company argued that it was not a “debt collector” under the Maryland Consumer Debt Collection Act because it only accepted monthly payments and did not actively enforce the payment obligations of defaulting borrowers, its argument was rejected ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge J. Harvie Wilkinson III

Where a woman received a debt collection letter titled “NOTICE OF SETTLEMENT IN FULL” that stated the account balance was $0.00, her argument that the letter was misleading failed because the least sophisticated consumer would understand the debt was settled ...

Tagged with: Consumer Protection Judge Elizabeth K. Dillon U.S. District Court - Western District

Where the plaintiff alleged only an “informational injury” stemming from an  alleged misrepresentation in a letter from a debt-collection company, he lacked standing to assert his claims under the Fair Debt Collection Practices Act, or FDCPA. Background This is a ...

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

Where tenants alleged that Senex Law, a law firm hired by their landlord, made materially false and misleading statements in debt collection notices, the firm’s motion to dismiss was denied. Background Jennifer Lord, Ebony Reddicks and Toniraye Moss have filed ...

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

Where a patient was told she could only dispute medical debt in writing, but the Fair Debt Collection Practice Act does not restrict how consumers may dispute alleged debt, the patient was presumably damaged by having to purchase a stamp, ...

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

Where the Military Lending Act, or MLA, provides that it does not apply to auto finance transactions, a serviceman’s claim that a credit corporation violated the MLA in connection with his purchase of a vehicle was dismissed. Although the Department ...

Tagged with: Consumer Protection Judge Leonie M. Brinkema U.S. District Court - Eastern District

Where a defendant in a “Rent A Tribe” suit sought to appeal a sovereign immunity decision, its motion was denied because the issue involved a question of fact, there was no substantial ground for difference of opinion and an appeal ...

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

Where a provider of background check reports was sued for allegedly including accurate criminal information and the plaintiffs attempted to hold it liable as a publisher, the suit was barred by 47 U.S.C. § 230 of the Communications Decency Act ...

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