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TILA: Credit card consumer stated a TILA claim based on bank’s pursuit of a credit card charge that the consumer alleged was fraudulent – Braun v. TD Bank, N.A., No. 8:20-cv-02951 (M.D. Fla. Mar. 23, 2021) (denying dismissal motion)
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FCCPA: Credit card consumer stated a FCCPA claim because bank’s letter to consumer requesting payment on account occurred after consumer advised bank that $1,700 charge was fraudulent – Braun v. TD Bank, N.A., No. 8:20-cv-02951 (M.D. Fla. Mar. 23, 2021) (denying dismissal motion)
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FCRA: Credit card consumer failed to state a FCRA claim based on bank’s alleged failure to conduct a proper investigation regarding the consumer’s disputed charge because consumer did not specify how the bank’s investigation failed to meet the statutory requirements – Braun v. TD Bank, N.A., No. 8:20-cv-02951 (M.D. Fla. Mar. 23, 2021) (granting dismissal motion)
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FCRA: Genuine issue of material fact existed as to whether inaccurate credit report caused plaintiffs to suffer credit denials where plaintiffs testified at deposition that they believed the inaccurate reports contributed to their inability to get a mortgage loan of their choice – Santos v. Healthcare Revenue Recovery Grp., LLC, No. 1:19-23084 (S.D. Fla. Mar. 23, 2021) (denying CRA’s summary judgment motion)
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TCPA / Vicarious Liability: Plaintiff alleged sufficient facts to state a claim based on vicarious liability pursuant to TCPA based on phone calls made by corporate entity’s agents – Ewing v. Freedom Forever LLC, No. 3:20-cv-00880 (S.D. Cal. Mar. 22, 2021) (denying dismissal motion)