| Consumer Credit Law |
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Catherine Taylor v. Tenant Tracker, Inc.
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Catherine Taylor (“Taylor”) sued Tenant Tracker, Inc. (“Tenant Tracker”), alleging that Tenant Tracker failed to adopt reasonable procedures to ensure maximum possible accuracy of its credit reporting, in violation of the Fair Credit Reporting Act (“FCRA”). 15 U.S.C. § 1681 et seq. The district court1 granted summary judgment in favor of Tenant Tracker, and we affirm.
I. More... $0 (03-28-2013 - AR)
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Marie Ann Fuges v. Southwest Financial Services, Ltd.
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Marie Ann Fuges appeals from an order of the United States District Court for the Eastern District of Pennsylvania entering summary judgment in favor of Southwest Financial Services, Ltd. (“Southwest”) with respect to Fuges‟s claim that Southwest willfully violated the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681-1681x. Fuges claims that Southwest willfully violated FCRA when ... More... $0 (12-12-2012 - ME)
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David L. Gladwell v. Douglas James Reinhart
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¶1 This case presents a certified question of law from the Tenth Circuit Court of Appeals. Dr. Douglas Reinhart claimed an exemption in bankruptcy for 75 percent of wages that he earned prior to filing his bankruptcy petition but that were either paid to or still owing to Dr. Reinhart after the date of the petition. Dr. Reinhart based his claim on section 1673 of the federal Consumer Credit Prote... More... $0 (12-04-2012 - UT)
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Discover Bank v. Kimberly R. Barnes
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¶1 Plaintiff/Appellant Discover Bank (Discover) appeals the trial court's Order filed on August 4, 2011, granting summary judgment in favor of Garnishee/Appellee Arbonne International (Arbonne), and the trial court's Order filed on October 7, 2011, awarding costs and attorney fees to Arbonne. Based on our review of the record and applicable law, we affirm.
FACTS AND PROCEDURAL BACKGROUDMore... $0 (10-05-2012 - OK)
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Timothy Parent v. Home Depot, U.S.A., Inc.
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Plaintiffs-appellants, Timothy and Brenda Parent (“the Parents”), filed a lawsuit in Wisconsin state court against Citibank and defendant- appellee, Home Depot, for violations of the Wisconsin Consumer Act (“the Act”). The case was removed to district court where all claims against Citibank were dismissed, as were multiple claims against Home Depot. After discovery, the district court gran... More... $0 (09-24-2012 - WI)
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Suzette McKenna v. Wells Fargo Bank, N.A.
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On November 9, 2006, Charles McKenna entered into a loan refinancing agreement with Wells Fargo Bank, N.A., evidently to help pay for his children's college education. As part of the transaction, Charles McKenna and his wife, Suzette McKenna, granted Wells Fargo a mortgage on their residence in South Orleans, Massachusetts. On the same day, Wells Fargo provided the McKennas with a disclosure form... More... $0 (08-21-2012 - MA)
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Scott Sanders v. Mountain America Federal Credit Union
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For certain mortgage loans covered by the Truth-in-Lending Act (TILA), a timely written notice of rescission triggers the creditor’s duty to release its security interest and refund any finance charges. Once the creditor satisfies this duty, the borrower must return the loan proceeds. Although we have not spoken authoritatively on the issue, several circuits allow district courts to equitably co... More... $0 (07-30-2012 - )
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Consumer Data Industry Association v. Gary K. King
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New Mexico enacted a law making it easier for victims of identity theft to expunge negative information from their credit reports. Before the law took effect, the Consumer Data Industry Association (“CDIA”), a trade group comprised of hundreds of consumer-data companies, brought a pre-enforcement challenge contending the law is preempted by the federal Fair Credit Reporting Act (“FCRA”). T... More... $0 (05-07-2012 - NM)
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Helen C. Griggs v. Luke Evans
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Helen C. Griggs and her late husband, Victor G. Griggs, refinanced the mortgage on their home with Beneficial Mortgage Company of Maryland. One of the mortgage instruments the Griggses executed, when they met with representatives of Beneficial Mortgage to obtain the refinancing, contained an arbitration rider, providing that disputes “arising from or relating” to their agreement with Beneficia... More... $0 (05-02-2012 - MD)
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Susan Ballou v. Law Offices of Howard Lee Schiff, P.C.
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The dispositive issue in this case, which comes to us upon our acceptance of two certified questions from the United States District Court for the District of Connecticut pursuant to General Statutes § 51- 199b (d),1 is whether General Statutes § 52-356d (e)2 provides for the automatic accrual of postjudgment interest on all judgments in which an installment payment order has been entered by the... More... $0 (04-04-2012 - CT)
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Discovery Bank v. Joy A. Morgan
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This case began when Discover Bank (“Discover”) filed an action against Joy A. Morgan (“Morgan”) on March 23, 2006. In its complaint, Discover alleged that Morgan owed $16,341.52 in principal on a credit card issued by Discover, and that Morgan breached the cardmember agreement by failing to meet its payment terms. Accordingly, Discover sought a judgment for the principal and interest due,... More... $0 (03-27-2012 - TN)
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Matthew C. Kilgore v. KeyBank, N.A.
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These consolidated appeals involve the sometimes delicate and precarious dance between state law and federal law. Matthew Kilgore and William Fuller (“Plaintiffs”) brought this putative class action against KeyBank, N.A., Key Education Resources, and loan servicer Great Lakes Education Loan Services, Inc. (collectively, “KeyBank”), alleging violations of California’s Unfair Competition L... More... $0 (03-07-2012 - AZ)
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Olivea Marx v. General Revenue Corporation
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Plaintiff-Appellant Olivea Marx appeals from the district court's judgment in favor of Defendant-Appellee General Revenue Corporation (“GRC”). After a bench trial, the district court found no violation of the Fair Debt Collection Practices Act (“FDCPA”) and awarded costs to GRC in the amount of $4,543. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Background
Ms... More... $0 (12-21-2011 - CO)
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Edward B. Watkins v. Suntrust Mortgage
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The issue presented is whether a lender violates the Truth in Lending Act, 15 U.S.C. § 1601 et seq. ("TILA"), in providing notice to a borrower who is refinancing his mortgage of the right to rescind the transaction, using a form of notice substantially similar to Model Form H-8 in the Appendix to Regulation Z, 12 C.F.R. pt. 226, rather than using Model Form H- 9, which was designed for refinanc... More... $0 (12-15-2011 - VA)
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Alan Gordon v. Dennis Leasman
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A carpenter sued a husband and wife, along with the wife’s interior design company, to recover a balance owed for work he performed at the couple’s home. A jury sided with the carpenter, Dennis Leasman, d/b/a Leasman Contracting. The homeowners, Lauren and Alan Gordon, and Lauren’s interior design company, IBL Construction and Design, L.L.C., appeal. They contend that the eviden... More... $0 (10-27-2011 - TX)
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Usameribank v. Richard Nelson Klepal, Jr.
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USAmeriBank (the Bank) appeals the circuit court's order blocking its attempt to collect a money judgment against Richard Nelson Klepal, Jr., by garnishing his wages. The issue presented is whether Mr. Klepal, who is currently the head of a family, agreed in writing to the garnishment of his disposable earnings. Because the promissory note that was the basis for the Bank's judgment against Mr. Kle... More... $0 (10-14-2011 - FL)
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Meril Curtis v. Citibank, South Dakota, N.A.
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¶1 Meril Curtis (Curtis) appeals from an order of the Fourth Judicial District Court, Missoula County, finding in favor of Citibank, South Dakota, N.A. (Citibank) on Citibank’s Motion for Judgment on the Pleadings. We reverse and remand.
¶2 Curtis argues several issues, which we reframe as follows: Did the District Court err in determining that Curtis’ state law claims were preempted ... More... $0 (10-04-2011 - MT)
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Patricia J. Coffill v. Robert G. Coffill, Jr.
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In this suit, removed from the Superior Court of Massachusetts, the plaintiff, Patricia Coffill, seeks to rescind two mortgages ostensibly encumbering titles to her residence in Andover, Massachusetts, and a retreat in Maine, and she asks for further equitable relief against foreclosure as well as for damages. Defendants include (without limitation) her husband and his business partner; the origin... More... $0 (08-31-2011 - MA)
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Barbee B. Lyon v. Chase Bank USA, N.A.
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This case originated with a misunderstanding regarding a $645 charge on the credit-card bill of Appellant Barbee Lyon.
Appellee Chase Bank USA, N.A. (“Chase”) misidentified the basis for the charge but failed to respond to Lyon’s requests for information about it. Chase continued to seek payment and reported the debt as delinquent to credit agencies, despite Lyon’s protest. In doing... More... $0 (08-30-2011 - OR)
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Carol A. Cote v. Alan B. Cote
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¶ 1. Alan Cote appeals from the Chittenden Family Court’s garnishment order directing the Social Security Administration to withhold defendant’s Social Security disability benefits in the amount of $1569 per month to offset alimony arrearages. Husband receives $1569 in Social Security disability and $2721 in veterans’ disability benefits each month. He contends the garnishment order v... More... $0 (08-12-2011 - VT)
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Clarence E. Boschma v. Home Loan Center, Inc.
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The defining feature of an option adjustable rate mortgage loan (―Option ARM‖) with a discounted initial interest rate (i.e., a ―teaser‖ rate) is, for a limited number of years, the borrower may (by paying the minimum amount required to avoid default on the loan) make a monthly payment that is insufficient to pay off the interest accruing on the loan principal. Rather than amortizing the l... More... $0 (08-10-2011 - CA)
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Stepping Stone Homes, Inc. v. Wisconsin Public Service Corpration
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¶1 Spouses Tiffany and Joshua DeWall defaulted on a land contract. They appeal from a judgment of strict foreclosure entered in favor of Stepping Stone Homes, Inc., and dismissing their counterclaims and affirmative defenses. The DeWalls contend that their claims of unconscionability, fraud and/or misrepresentation and a breach of the duty of good faith present questions of fact making s... More... $0 (08-03-2011 - WS)
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Michele M. Simmsparris v. Countrywide Financial Corp.
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Michele SimmsParris brought this action under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681–1681x, to recover for the reporting of what she asserts was false information about her mortgage repayments. The United States District Court for the District of New Jersey, determining that SimmsParris had not properly presented her claim as required by the FCRA, granted summary judgmen... More... $0 (07-28-2011 - NJ)
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Debra Parks v. Alpharma, Inc.
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Debra Parks, the Appellant, filed a one-count complaint in the Circuit Court for Baltimore City alleging that she had been “wrongful[ly] terminat[ed] . . . in violation of public policy” from her job at Alpharma, Inc., the Appellee, a pharmaceutical company incorporated in Delaware, which had been headquartered in Bridgewater, New Jersey until being acquired in November of 2008 by King Pharmac... More... $0 (07-19-2011 - MD)
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Robert A. Brown v. Stewart Mortensen
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In this case we address the remedies available to a patient when a debt collector, acting on behalf of a medical professional, is asserted to have illegally disclosed confidential patient medical information to various consumer reporting agencies in the course of a dispute over an alleged medical debt. Individuals, as patients, have a substantial interest in the privacy of their medical informatio... More... $0 (06-21-2011 - )
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