254 results for 'nos:"Consumer Credit - Other Suits"'.
J. Burroughs grants a debt collector’s motion for summary judgment against a debtor suing it for allegedly violating the Fair Debt Collection Practices Act, the Massachusetts Consumer Protection Act and the Fair Credit Reporting Act after the debtor refused to pay the debt under two credit card accounts. The debt collector did not make any false reports on the debt, fail to follow federal and state regulations regarding time and frequency of calls to the debtor and did not engage in an unconscionable debt collection practices.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: May 7, 2024, Case #: 1:22cv10931, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J.Axon partially grants a collection agency’s motion for summary judgment in this Fair Credit Reporting Act and Fair Debt Collections Practices Act lawsuit brought by a consumer who says the agency tried collecting a debt that she did not owe for internet services. The services were canceled before installation because the consumer lives in a rural area, but the company continued to bill her before turning it over to collections. The agency and Trans Union continued to report the debt after she disputed the charges. The court will reserve ruling on whether the information provided to Trans Union was accurate, because the consumer’s dispute was based on a legal question instead of a factual inaccuracy. The court will also reserve ruling on the consumer’s FDCPA claim, according to which the agency reported the debt after she disputed it to Trans Union, because that part of her claim actually implicated the FCRA. The court directs the parties to provide a supplemental briefing on these issues.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: May 1, 2024, Case #: 2:22cv1489, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
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J. Copenhaver denies the homeowner's motion to remand back to Kanawha County Circuit Court her suit seeking to halt the non-judicial foreclosure of her South Charleston home by the deed holder and the substitute trustee. The homeowner's attempt at remand by filing an amended complaint removing a claim under the Fair Debt Collection Practices Act is futile since the court's original jurisdiction was fixed once the deed holder filed its notice for removal, and judicial economy is best served by the court retaining supplemental jurisdiction on her state law claims.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: April 18, 2024, Case #: 2:24cv103, NOS: Consumer Credit - Other Suits, Categories: Consumer Law, Housing, Jurisdiction
J. Chuang grants a tenant’s motion for modification of the order of remand to require payment of actual expenses and attorney fees in this fair credit reporting and consumer protection dispute against a property manager and management company. The tenant became very ill and had to relocate due to growth of mold withholding rent and late fees. This case will proceed to trial soon in state court, but this court will retain jurisdiction only for confirming and awarding attorney fees and costs.
Court: USDC Maryland, Judge: Chuang, Filed On: April 16, 2024, Case #: 8:24cv452, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Landlord Tenant, Jurisdiction
J. Bredar grants a landlord’s motion to dismiss lease agreement dispute brought by a tenant who alleges the apartment had habitability issues and she opened a rent escrow action. The court finds this case should be dismissed for the tenant’s failure to effect service and she has been harassed in an attempt to collect a debt by sufficiently stating the claim. The motion for default judgment is granted in favor of the tenant, she needs to file an additional accounting brief.
Court: USDC Maryland, Judge: Bredar, Filed On: April 15, 2024, Case #: 1:23cv342, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Landlord Tenant, Consumer Law
J. Humetewa partly grants a class of consumers' motion for final approval of a class action settlement for Fair Credit Reporting Act claims against a credit reporting agency. The class sufficiently showed in court that it is entitled to monetary recovery, but not an adjustment for a higher settlement for each class member, after prevailing on claims that the credit reporting agency "resold patently false consumer reports" that indicated that they were deceased.
Court: USDC Arizona, Judge: Humetewa, Filed On: April 12, 2024, Case #: 2:21cv2082, NOS: Consumer Credit - Other Suits, Categories: Settlements, Consumer Law, Class Action
J. Coogler denies Regions motion for summary judgment and partially grants Equifax’s motion for summary judgment in this Fair Credit Reporting Act lawsuit. The consumer alleges Regions Bank negligently violated the Act by failing to reasonably reinvestigate his claims and, and that Equifax failed to follow the proper procedures into his disputed credit information. The evidence shows that Equifax’s procedures were reasonable and it was not on notice for any inaccuracy. Because the consumer’s anxiety and depression worsened, a reasonable jury could conclude that Equifax is liable for damages.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: April 12, 2024, Case #: 7:22cv1481, NOS: Consumer Credit - Other Suits, Categories: Evidence, Consumer Law, Banking / Lending
J. Lake finds that an auto loan servicer was negligent in reporting the towing of a motorist’s vehicle after an accident as a repossession to credit reporting agencies despite multiple disputes from the motorist whose loan payments were current. The loan servicer failed to properly investigate their own documentation showing that the motorist’s payments were up to date but the evidence does not show willfulness. The loan servicers request for summary judgment is denied on all claims except for the willfulness claim.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 9, 2024, Case #: 4:23cv1272, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Vehicle, Banking / Lending
J. King grants the consumer credit reporting agency's motion to compel arbitration in the consumer's complaint that the former refused to delete inaccurate information from his credit files. The arbitrator provision of the parties' contract is clear that the arbitrator has exclusive authority to resolve disputes "relating to...any...term of this agreement," and the consumer credit reporting agency did not waive its right to arbitration when it did not raise an affirmative defense.
Court: USDC Western District of Washington, Judge: King, Filed On: April 8, 2024, Case #: 3:23cv5294, NOS: Consumer Credit - Other Suits, Categories: Arbitration, Contract
J. Rothstein declines to dismiss the contract claim of the account holder's complaint alleging that the bank did not properly investigate a $140,000 fraudulent withdrawal. The claim survives because each time the bank allowed a fraudulent transfer was a distinct and separate error instead of a collective single error, and the deposit account agreement requires the bank to investigate any discrepancies a customer brings to its intention and to give the account holder a copy of reviewed investigative documents.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: March 29, 2024, Case #: 3:23cv5698, NOS: Consumer Credit - Other Suits, Categories: Fraud, Consumer Law, Contract
J. Schiltz grants the data aggregators' motion to dismiss the consumer's suit alleging that a now-defunct company they sold her data to damaged her reputation by claiming on its website that she had a poor "reputation score." The consumer has alleged an injury-in-fact, traceable to the aggregators, that could be redressed with a favorable judgment. She has not, however, sufficiently pleaded that the defunct company was acting as an agent of the aggregator. Her federal claims fail on that basis, and the court declines to exercise supplemental jurisdiction over her state-law claims.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 29, 2024, Case #: 0:23cv1769, NOS: Consumer Credit - Other Suits, Categories: Consumer Law, Privacy, Class Action
J. Biggs partially denies Experian’s motion to dismiss allegations of credit reporting violations brought by a class of credit consumers. Members of the class claim Experian’s purported attempts at investigating claims they brought against lenders were insufficient. In some cases, Experian allegedly refused to reinvestigate after their findings aligned with the lenders, who had made mistakes on the members’ accounts which caused them to default. The count of failure to conduct re-investigation against Experian survives.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 29, 2024, Case #: 1:23cv409, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law, Banking / Lending
J. Huffaker grants, in part, a debt collector’s motion for summary judgment on the consumer’s unfair credit reporting and debt collection claims. The debt collector failed to reinvestigate the accuracy of the consumer’s name, addresses and social security number. Therefore, the discrepancies show that a dispute does exist as to the procedures being adapted to avoid discoverable errors making summary judgment inappropriate on the Fair Debt Collection Practices Act claim. The consumer’s motion for partial summary judgment is denied because she fails to show that a reasonable investigation would have revealed the inaccurate reporting.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: March 28, 2024, Case #: 1:22cv299, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. O'Hearn allows plaintiff to continue claims contending a sales representative for a solar company failed to disclose a financing agreement in relation to solar panel installation because the purported "welcome call" recording has not been authenticated. However, evidence does not support identity theft claims, and that the company sent documents to the wrong email address did not indicate an effort to commit fraud and forgery.
Court: USDC New Jersey, Judge: O'Hearn , Filed On: March 28, 2024, Case #: 1:23cv2623, NOS: Consumer Credit - Other Suits, Categories: Fraud, Consumer Law
J. Tostrud grants the debt collector's motion to dismiss the purported debtor's action against it alleging that it sought to collect a debt that it did not own and that documents it submitted in state court or sent to her were misleading or inaccurate. The debtor lacks standing to bring two claims under the Fair Debt Collection Practices Act, a claim that the collector attempted to collect a debt it did not own is collaterally estopped by a state-court judgment, and additional FDCPA claims stemming from alleged defects in a state-court summons fail because the summons was not fatally defective.
Court: USDC Minnesota, Judge: Tostrud, Filed On: March 25, 2024, Case #: 0:21cv2614, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law