11 results for 'cat:"Damages" AND cat:"Consumer Law"'.
J. Bastian dismisses the customer's Computer Fraud and Abuse Act claim alleging that one of T-Mobile's retail store employees accessed her Snapchat account from her phone when she turned it in for repairs, and then disseminated explicit photos of her and a sex video of her and her partner. The customer does not allege sufficient facts to show that she suffered damage or loss because of the sales representative's conduct, nor does the customer allege any service disruption, as the statute for consequential damages requires.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: April 19, 2024, Case #: 4:23cv5166, NOS: Other Statutory Actions - Other Suits, Categories: damages, consumer Law
J. Zilly awards the consumer $3,900 in damages for his purchase of the ASC service contract and $182 for the Gateway Auto Repair emissions repairs for the consumer's lawsuit accusing the car dealer of selling vehicles with illegally altered emission controls. The consumer proves that he suffered both an “injury” and actual damages under the Consumer Protection Act because the car dealer did not disclose that the vehicle had a tampered turbocharger, tampered airbox and lacked VECI sticker constitute.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: March 13, 2024, Case #: 2:20cv1616, NOS: Other Contract - Contract, Categories: damages, consumer Law, Contract
J. Schutz finds that in class actions where a request for class certification is denied, the lead plaintiff may still bring an individual claim against the defendant, and because there were questions of fact in this case as to whether the lead plaintiff suffered damages under the Colorado Consumer Protection Act, his claim will be reinstated. Although the lead plaintiff was reimbursed by his credit card company for unauthorized monthly charges assessed by the charity, the charity provided no evidence to prove it had made payments to the credit card company and, therefore, can be held liable for damages. Reversed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: February 15, 2024, Case #: 2024COA16, Categories: damages, consumer Law, Class Action
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J. Delaney recommends granting, in part, an individual’s Telephone Consumer Protection Act claims against a realty company. He sufficiently shows the calls at issue were made in violation of the Act and is entitled to $3,000 in statutory damages.
Court: USDC Eastern District of California, Judge: Delaney, Filed On: February 1, 2024, Case #: 2:22cv1886, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: damages, consumer Law
J. Lindsay remands a consumer's action against a reporting company that allegedly included a false criminal conviction on his credit report. The district court lacks jurisdiction, as the amount in controversy is less than $75,000.
Court: USDC Northern District of Texas , Judge: Lindsay, Filed On: December 1, 2023, Case #: 3:23cv683, NOS: Consumer Credit - Other Suits, Categories: damages, consumer Law, Jurisdiction
J. Sykes finds that the lower court properly reinstated a $5 million restitution award in a consumer fraud action against a company that purported to offer consumers a "free" credit score, but then signed them up for a $29/mo subscription service. The Federal Trade Commission Act permits the refund of money in order to make consumers whole, and so the ruling appropriately refunds to customers the amount not yet returned by the company to victims of this fraud. Affirmed.
Court: 7th Circuit, Judge: Sykes, Filed On: August 30, 2023, Case #: 21-2945, Categories: damages, consumer Law
J. Cole grants the bank's motion to dismiss, ruling the credit card holder's failure to mail a notice of his debt dispute within the required timeframe after fraudulent charges were made prevents him from bringing any claims under the Truth in Lending Act. Additionally, the reimbursement to his account of all the fraudulent charges requires dismissal of his contract claim, which no longer includes damages of any sort.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: August 11, 2023, Case #: 1:22cv618, NOS: Other Statutory Actions - Other Suits, Categories: damages, consumer Law, Banking / Lending
J. Alston grants the car dealership's motion to dismiss for lack of jurisdiction. The car owner sought to sue the dealership after several years of needing frequent car repairs. He asked for $11,000 in actual damages and $2 million in punitive damages. The punitive damages do not stand because he fails to show any malice on the part of the dealership leaving his claims at $11,000, well below the $75,000 amount-in-controversy
requirement.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: July 20, 2023, Case #: 1:22cv1387, NOS: Other Contract - Contract, Categories: damages, consumer Law, Contract