After filing for Chapter 7 bankruptcy, a consumer discovered that her credit report listed delinquent payments to a bank even though she had been current with her payments up to the date she filed. After disputing the report...more
5/3/2013 - Bank of America Chapter 7 Credit Reporting Agencies FCRA Late Payments Unfair Competition
Sued over financing terms, a used car dealer and a financing corporation asked a trial court to compel arbitration based on an arbitration clause in the sales agreement. The trial court disagreed, finding the arbitration...more
4/30/2013 - Arbitration Mandatory Arbitration Clauses Unconscionable Contracts
A motor home buyer who entered into an installment sale contract with a motor home dealer alleged the motor home was defective from the time of purchase and brought a lawsuit against the dealer and the lender to which the...more
4/17/2013 - Assignees Buyers CLRA FTC Holder Rule Lenders Motor Homes Wells Fargo
In an unpublished opinion, the United States Court of Appeals for the Fourth Circuit recently held that repeated debt collection phone calls to a third party did not violate the Fair Debt Collections Practices Act (“FDCPA”). ...more
4/5/2013
The United States Supreme Court recently held that the Little Tucker Act does not waive the sovereign immunity of the United States in an action for damages alleging a violation of the Fair Credit Reporting Act (“FCRA”). The...more
4/5/2013 - Credit Cards Data Protection FCRA Little Tucker Act SCOTUS Sovereign Immunity Waivers
In Flint v. Beneficial Financial I Inc. (Slip Copy, 2013 WL 552622, E.D.Cal., February 12, 2013), a United States District Court considered a defendant's motion for financial sanctions against a plaintiff because defendant...more
2/26/2013 - Bad Faith FDCPA Frivolous Lawsuits Motion for Sanctions Sanctions
The Attorney General brought a lawsuit against an income tax preparation business alleging violations of state and federal lending, consumer protection, unfair competition, and false advertising laws. The court of appeal...more
2/22/2013 - Advertising Attorney Generals Debt Collectors False Advertising Finance Charges Hidden Fees Liberty Tax Service Marketing TILA Unfair Competition
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