255 results for 'nos:"Consumer Credit - Other Suits"'.
J. Cogburn grants a collections firm’s motion for judgment on the pleadings following consumer law violation allegations brought by a dental client. The client argues she communicated that she refused to pay a debt assigned to her for dental work and that under the Fair Debt Collection Practices Act, the firm is no longer allowed to communicate with her. However, there are exceptions to the law including, in this case, providing the client with validation of the debt, which she claimed not to have in her possession.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: May 14, 2024, Case #: 3:24cv38, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Whitney grants Discover Bank’s motion for remand to the lower court after its customer, who owes over $12,000 on a Discover credit card, removed this suit to federal court. The customer removed the suit nearly a year after litigation against him began, not within the 30-day deadline. Also, the customer’s claim that his right to relief hinges on a significant question of federal law is insufficient because he has failed to show that the question necessarily applies to Discover’s breach of contract allegation.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: May 14, 2024, Case #: 3:23cv767, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law, Banking / Lending
J. Cartwright denies Citibank's motion to compel arbitration for the consumer's complaint alleging that the bank reported a debt to his account after he closed it. Neither the alleged re-opening of the consumer's account by unknown parties nor Citibank's failure to address it were reasonably foreseeable results of the consumer's contractual relationship with Citibank. The arbitration agreement for the closed account "cannot reasonably be construed to include future unknown accounts opened by third parties" without the consumer's permission. Furthermore, while the agreement covers "a previous related account," it does not reference that it covers future related accounts.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: May 13, 2024, Case #: 3:23cv5908, NOS: Consumer Credit - Other Suits, Categories: Arbitration, Debt Collection, Consumer Law
J. Bolden grants the joint motion for approval of the class action settlement, ruling the lack of objection from any class members, combined with the experience of counsel and complexity of the litigation, favor approval of the settlement, which will fairly compensate members and avoid a protracted legal battle. Additionally, plaintiffs' attorneys will be granted the requested $267,000 in fees, as their calculations were reasonable and supported by evidence in the record.
Court: USDC Connecticut, Judge: Bolden, Filed On: May 10, 2024, Case #: 3:21cv1651, NOS: Consumer Credit - Other Suits, Categories: Settlements, Attorney Fees, Class Action
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J. Corley grants final approval to a $51,000 class settlement with Atlantic Recovery Solutions over alleged unfair debt collection practices. The terms appear fair and include $123,000 in attorney fees.
Court: USDC Northern District of California, Judge: Corley, Filed On: May 9, 2024, Case #: 3:22cv4108, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Settlements, Class Action
J. Dimke dismisses without prejudice the loanee's complaint that the residential mortgage company refused to report any payments that she made since her bankruptcy, resulting in her being denied auto loans, home loans and employment promotions since then. The loanee does not allege that she notified a consumer reporting agency (CRA) of her dispute or that a CRA provided formal notice of the dispute to the residential mortgage company, so she does not state a legally cognizable claim for relief under the Fair Credit Reporting Act.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: May 8, 2024, Case #: 4:24cv5002, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
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
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