12 results for 'cat:"Evidence" AND cat:"Consumer Law"'.
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. Sorokin allows the federal government’s motion for summary judgment against a food retailer suing it for disqualifying the retailer from participating in the Supplemental Nutrition Assistance Program based on the retailer’s alleged trafficking of benefits. The retailer provides generalized explanations, rather than references to the specific data the government relies upon, to dispute the government’s evidence that the retailer is trafficking, and its approach is insufficient against the government’s data.
Court: USDC Massachusetts, Judge: Sorokin, Filed On: March 25, 2024, Case #: 1:22cv10184, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: evidence, consumer Law, Federalism
J. Shea denies the credit agencies' motion to dismiss, ruling that even though the borrower's settlement and revocation of acceptance with the car dealer do not objectively show a transfer of the debt, the "60 days late" statements on the borrower's credit report are objectively inaccurate and give him standing to pursue Fair Credit Reporting Act claims.
Court: USDC Connecticut, Judge: Shea, Filed On: March 18, 2024, Case #: 3:23cv518, NOS: Consumer Credit - Other Suits, Categories: evidence, consumer Law
J. Tunheim partially grants summary judgment to the credit reporting agency in the consumer's suit alleging that it failed to remove information about an alleged debt from her credit report after a state court found that the creditor could not establish that it owned the debt. The consumer has not met her prima facie burden to show that the creditor was an unreliable source of credit information, nor that any violations of the Fair Credit Reporting Act. Material fact questions persist as to whether the credit reporting agency's information was accurate, whether it reasonably reinvestigated the consumer's disputes and whether the consumer suffered actual damages.
Court: USDC Minnesota, Judge: Tunheim, Filed On: March 4, 2024, Case #: 0:22cv86, NOS: Consumer Credit - Other Suits, Categories: evidence, consumer Law
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J. Cole grants the pharmaceutical company's motion for judgment on the podiatrist's junk fax claim, ruling unrebutted testimony from its owner that it sent faxes only to medical practices that requested them, alongside evidence the podiatrist had previously received samples and was in the pharmaceutical company's contact list, is sufficient to prove the podiatrist or someone in her office solicited the fax.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: February 6, 2024, Case #: 1:16cv945, NOS: Other Statutory Actions - Other Suits, Categories: evidence, consumer Law
J. Martinez denies, in part, the telemarketer's motion to dismiss, ruling the allegations made by the consumer about the length and nature of at least 20 unsolicited phone calls are sufficient at this stage to support his Telephone Consumer Protection Act claims regarding autodialed telemarketing calls.
Court: USDC New Mexico, Judge: Martinez, Filed On: December 29, 2023, Case #: 2:23cv793, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: evidence, consumer Law
J. King finds in favor of the loan agency for the patient's claim that it wrongfully attempted to collect a $2,700 medical debt that arose when the patient gave birth to her daughter in 2015, and a discrepancy with recording the date of birth led Medicaid to reject the medical center's submission of the patient's claim. The loan agency is entitled to summary judgment because none of the evidence supports the patient's argument that she did not owe a debt when the loan agency began its collection efforts and credit reporting, and it was not the loan agency's duty to investigate the validity of the debt before it was forgiven in 2021.
Court: USDC Western District of Washington, Judge: King, Filed On: June 27, 2023, Case #: 3:21cv5238, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, evidence, consumer Law
J. Gaughan denies, in part, the debt collector's motion for summary judgment, ruling that because the debt ownership letter was not authenticated by the collector before being submitted to the court as evidence, the consumer has stated a plausible Fair Debt Collection Practices Act violation for the collector's failure to disclose the owner of the debt included in the collection notice.
Court: USDC Northern District of Ohio, Judge: Gaughan, Filed On: May 17, 2023, Case #: 1:22cv1265, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, evidence, consumer Law