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Consumer Protection

Apr 8, 2024

Consumer Protection: Dealership wrongfully repossessed vehicle

Where an auto dealership wrongfully repossessed a woman’s vehicle because of a dispute between the dealership owner and the woman’s then-boyfriend over drug money, the woman prevailed on her conversion […]

Mar 25, 2024

Homeowner’s discrimination suit against HOA dismissed

Where a man alleged he was treated differently by his homeowner’s association because of his national origin, but he failed to allege enough factual detail that could plausibly show that […]

Mar 25, 2024

Majority of claims against moving company dismissed

Where homeowners sued a moving company under the Virginia Consumer Protection Act and for breach of contract and fraud following the company’s ill-fated attempt to pack and ship their belongings […]

Mar 25, 2024

Capital One dismisses putative class action suit

Where cardholders alleged Capital One charged different exchange rates than promised in their cardholder agreements, but the cardholders failed to identify the bank’s specific promise concerning the rates that would […]

Mar 18, 2024

Choice of law clause dooms multiple claims

Where a woman sued banks for violating the Texas Debt Collection Practices Act and for invading her privacy, but her claims were subject to Virginia law, and these claims were […]

Feb 13, 2024

Lack of ascertainability dooms class certification

Where the district court could not easily identify parties allegedly injured by an unsolicited advertisement by fax sent in contravention of the Telephone Consumer Protection Act, or TCPA, it did […]

Feb 12, 2024

Dealership liable for deceptive conduct

Where facts showed an automobile dealership changed the terms of a transaction, failed to disclose those changes or the financing conditions and forged documents to obtain financing, it violated the […]

Feb 4, 2024

Alleged defective camper suit transferred to Indiana

Where the purchasers of a camper alleged that it was defective, their suit against the seller and manufacturer was transferred to Indiana pursuant to a forum-selection clause in their warranty. […]

Jan 30, 2024

West Virginia’s high court asked to clarify statutory question

Where it is unclear whether a plaintiff who is asserting a claim that would otherwise be subject to the West Virginia Medical Professional Liability Act is subject to the statute’s […]

Debt casting shadow over cap and college diploma
Jan 29, 2024

No FCRA immunity for student loan servicer

The Eastern District of Virginia has rejected a student loan servicer’s argument that it was an arm of the state entitled to sovereign immunity against allegations that it violated the Fair Credit Reporting Act, or FCRA.

Jan 22, 2024

Suit against airline to remain in Virginia

Where a customer sued an airline for allegedly making false and misleading statements about working to become more environmentally sustainable, the airline’s motion to transfer the suit to New York […]

Jan 22, 2024

Student loan servicer not immune from FCRA claims

Where a student loan servicer sued for allegedly violating the Fair Credit Reporting Act argued that it was immune from suit because it was an arm of the state, its […]

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