254 results for 'nos:"Consumer Credit - Other Suits"'.
J. Osteen denies an employment screening service’s motion for summary judgment following one claim of willful violation of the Fair Credit Reporting Act brought by an apartment leasing agent applicant. Another applicant with the same first and last names and the same birthday happened to have a criminal record. The service attached this record to the first applicant’s file and consequently, the apartment leasing company did not hire him. Because there is a dispute of material fact as to whether the service followed its own policy in fact checking the criminal background checks it outsources to a different company, whether the service acted willfully or not cannot yet be determined.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: September 29, 2023, Case #: 1:19cv1077, NOS: Consumer Credit - Other Suits, Categories: Employment, Consumer Law, Negligence
J. Winmill grants in part a credit reporting agency's motion to exclude expert testimony regarding an individual's allegations that the agency failed to report that two of her debts were discharged following her Chapter 7 bankruptcy. The experts lack the "knowledge and expertise surrounding the kinds of debts discharged—and exempted from discharge—in Chapter 7 bankruptcies." Neither expert is qualified to opine on the individual's alleged
emotional distress or about harms due to inaccurate credit reporting. One expert is, however, qualified to testify about "the mechanics of credit reporting, credit scoring, and debt-to-income ratios."
Court: USDC Idaho, Judge: Winmill, Filed On: September 28, 2023, Case #: 1:21cv465, NOS: Consumer Credit - Other Suits, Categories: Bankruptcy, Consumer Law, Experts
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[Consolidated.] J. Gardephe partially grants the students' motion for class certification in a consumer law case accusing the lenders of fraudulently obtaining default judgments against the students for unprovable debts. The case shall proceed as a single class, not four separate classes, which appears to be an attempt to circumvent the $500,000-per-class statutory damages cap.
Court: USDC Southern District of New York, Judge: Gardephe, Filed On: September 27, 2023, Case #: 1:18cv7692, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Class Action
J. Tostrud partially grants the debtor's motion for attorney fees and costs after he accepted an offer of judgment from the debt collector in a fraud and invasion of privacy action alleging violations of the Fair Debt Collection Practices Act, Driver's Privacy Protection Act and the Fair Credit Reporting Act. One attorney's claimed hourly rate is reduced by about 14% because he has fewer credentials and less experience than the other attorney. The debtor also failed to show that a paralegal's claimed hourly rate is reasonable. The debtor is awarded $78,000 in attorney fees and $7,000 in costs.
Court: USDC Minnesota, Judge: Tostrud, Filed On: September 27, 2023, Case #: 0:22cv1799, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Attorney Fees
J. Chasanow denies a subprime credit card loan originator’s motion to compel arbitration in this class action suit brought by a group of borrowers. According to the agreement the borrowers signed, arbitration is necessary when “required by law,” but the agreement fails to define any such law and so cannot be enforced.
Court: USDC Maryland, Judge: Chasanow, Filed On: September 26, 2023, Case #: 8:23cv827, NOS: Consumer Credit - Other Suits, Categories: Arbitration, Class Action, Contract
J. McFadden denies, in part, a bank's motion to dismiss an individual's claims in a foreclosure case. She has sufficiently alleged her claims for violations of the Fair Debt Collection Practices Act, Mortgage Lender and Broker Act and Consumer Protection Procedures Act.
Court: USDC District of Columbia, Judge: McFadden, Filed On: September 26, 2023, Case #: 1:23cv225, NOS: Consumer Credit - Other Suits, Categories: Property, Consumer Law, Banking / Lending
J. Rubin grants a collections agency its cross-motion for summary judgment while denying that of a credit card owner after she claimed that the agency had no right to collect a debt because it did not own the debt. The card owner charged over $15,000 to her card and then claimed Chapter 13 bankruptcy. At this time, the card company sold the debt to the agency, so it does own the debt and rightly seeks to collect it from the card owner.
Court: USDC Maryland, Judge: Rubin, Filed On: September 25, 2023, Case #: 1:22cv213, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. King grants the homeowners $1,000 in damages for Fair Debt Collection Practices Act violations and $4,800 in attorney fees for their complaint alleging that the collection agency threatened to file a lawsuit against them for not paying an alleged debt due to a dispute regarding door installation services on their home. The collection agency wrongfully contacted the homeowners on several occasions before 8 a.m., with the number of contact attempts qualifying as harassment.
Court: USDC Western District of Washington, Judge: King, Filed On: September 22, 2023, Case #: 2:21cv227, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Damages, Attorney Fees
J. Boardman grants two loan officers and Wells Fargo their motions to dismiss for a lack of personal jurisdiction and failure to state a claim following allegations of consumer credit violations brought by a borrower. After the borrower took out a mortgage with the bank, she fell behind on her payments and timely rescinded the loan. Ten years later, Wells Fargo sent her a mortgage bill and continued to do so although she instructed them to stop. Neither of the officers works or lives in Maryland, so personal or specific jurisdiction cannot be applied. Also, the borrower claims that under the Fair Credit Reporting Act, Wells Fargo had no right to report that she falsely owed debts to consumer credit agencies. However, under this act, no private right of action exists, so she cannot proceed.
Court: USDC Maryland, Judge: Boardman, Filed On: September 22, 2023, Case #: 8:22cv1712, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law, Banking / Lending
J. Baldwin grants the debtor's request to extend discovery in this fair debt collection proceeding. The deposition of the collector's witness was taken just one week prior to the current discovery deadline. It was then that the debtor learned of the collector's recordkeeping practices, its telephone service provider, and the collections caller. Given that the debtor was only recently granted leave to amend, her complaint is anew and the responsive pleadings and defenses are unknown. It would have been impossible to conduct substantial discovery earlier.
Court: USDC Nevada, Judge: Baldwin , Filed On: September 19, 2023, Case #: 3:23cv71, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Due Process, Discovery
J. Shea grants, in part, the debt collector's motion to dismiss pro se claims, ruling that all claims related to the business credit card account must be dismissed because they do not involve a consumer debt, while the collector's inclusion of the owner of the credit card debts on collection notices does not violate the Fair Debt Collection Practices Act. Additionally, the credit card statements sent by the collector qualify as verification of the debts and so any claims related to verification will also be dismissed.
Court: USDC Connecticut, Judge: Shea, Filed On: September 18, 2023, Case #: 3:23cv116, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Hernandez dismisses with leave to amend the resident owners' lawsuit alleging that the mortgage solutions company and US Bank misapplied the owners' mortgage payments and initiated on foreclosing their home without investigating the loan mishandling. The owners only assert two instances of the mortgage solutions company allegedly violating the Real Estate Settlement Procedures Act, one of which was just a failure to respond to a letter.
Court: USDC Oregon, Judge: Hernandez, Filed On: September 15, 2023, Case #: 3:22cv1911, NOS: Consumer Credit - Other Suits, Categories: Property, Foreclosure
J. Pulliam declines to dismiss a lawsuit brought against a financial company by a consumer who alleges the company and others unfairly dinged his credit and tried to collect debts from him that stemmed from identity theft. Amendment is more appropriate than dismissal at this stage because the consumer needs to better clarify which claims he is seeking against which companies, and because the company in this motion has not provided adequate basis for dismissal under the shaky argument that it is a creditor rather than a debt collector.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: September 14, 2023, Case #: 5:22cv1204, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Fraud, Banking / Lending
J. Donnelly dismisses an account holder's Electronic Fund Transfer Act and breach of contract claims against Chase Bank alleging an employee made several unauthorized withdrawals from his Charles Schwab account without his knowledge. Chase Bank is not liable for any of the lost amounts because the litigant failed to provide notice within 60 days of the first withdrawal and subsequently failed to file his civil complaint before the statute of limitations expired.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: September 13, 2023, Case #: 1:22cv1178, NOS: Consumer Credit - Other Suits, Categories: Banking / Lending
J. Black grants the consumer's motion for default judgment, ruling she is entitled to more than $11,000 in statutory damages, attorney fees and actual damages for the debt collector's conduct, none of which is contested, including several phone calls and threats of a lawsuit over a debt that was time-barred.
Court: USDC Southern District of Ohio, Judge: Black, Filed On: September 7, 2023, Case #: 1:22cv384, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Damages, Attorney Fees