Camarie Mangum appeals the district court’s determination that her action against Bonneville Billing & Collections, Inc. (“Bonnevilleâ€�), under the Fair Debt Collection Practices Act (“FDCPAâ€�)1, was barred by the statute of limitations2 and that the discovery rule doctrine could not apply as a matter of law. That led to a grant of summary judgment3 against her.4 Mangum also appeals the di... More...   $0 (08-04-2009 - ID)

In the underlying lawsuit, the trial court rendered a partial summary judgment in favor of defendant, EMC Mortgage Corporation ("EMC"), on all but one of the claims asserted by the plaintiffs, Ray K. Hansberger and Connie B. Hansberger. After the Hansbergers non-suited their remaining claim, the trial court granted EMC's motion to dismiss. This appeal followed. In three issues, the Hansbergers ar... More...   $0 (07-29-2009 - TX)

This insurance indemnity action is drawn by the packaging of boxes of crayons and colored by the expense of settling a lawsuit directed at the packaging.

Plaintiff Federal Insurance Co. (Federal) filed a declaratory judgment action against defendant Binney & Smith, Inc. (Binney), seeking a declaration that it did not owe a duty to defend or indemnify defendant in connection with a class act... More...   $0 (07-15-2009 - IL)

We decide in this case whether a statutory right to participate in class action lawsuits can permissibly be foreclosed by a provision in a consumer contract compelling individual arbitration. The plaintiffs, John A. Feeney and Dedham Health and Athletic Complex (Dedham Health), appeal from an order of a judge in the Superior Court compelling arbitration of their claims--brought as a putative class... More...   $0 (07-02-2009 - MA)

This is a summary judgment case. Appellant, Deleaser L. Rivers, filed suit against appellee, Charlie Thomas Ford, Ltd. d/b/a Charlie Thomas Ford, asserting numerous causes of action arising out of her purchase of a 2002 Ford Mustang. Eventually, the trial court disposed of appellant=s causes of action by granting of two motions for summary judgement filed by appellee which in turn were incorpor... More...   $0 (06-04-2009 - TX)

Margaret Wike filed this lawsuit against Vertrue and its subsidiary, Adaptive Marketing (collectively, “Vertrue�), claiming that Vertrue violated federal law by enrolling her in a discount club and charging a monthly fee to her debit card.

The district court granted summary judgment to Vertrue on Wike’s claim under the Electronic Funds Transfer Act (EFTA), 15 U.S.C. § 1693 et seq., a... More...   $0 (06-02-2009 - TN)

We must decide whether a credit card company violates the Truth in Lending Act when it fails to disclose potential risk factors that allow it to raise a cardholder’s Annual Percentage Rate.

I

A

Walter and Cheryl Barrer held a credit card account with Chase.1 The Barrers received and accepted the Cardmember 1According to Chase, the account was in Walter Barrer’s name only; ... More...   $0 (05-21-2009 - OR)

Santa Rosa KM Associates, LTD., P.C. (Santa Rosa), challenges the validity and enforceability of the prepayment provision in a promissory note held by Principal Life Insurance Company and serviced by Principal Real Estate Investors, LLC. (collectively Principal). In its cross-appeal, Principal challenges the district court's denial of attorney fees after Principal was granted summary judgment on S... More...   $0 (05-14-2009 - KS)

This matter came before the United States Court of Appeals for the Third Circuit on appeal from a final judgment of the United States District Court for the District of New Jersey. Appellant brought a class action and Appellees filed a motion to compel arbitration based upon an agreement between the parties. The District Court treated the motion to compel as a motion to dismiss under Federal Rule ... More...   $0 (03-19-2009 - NJ)

This case presents the question of whether the notice requirements of the Truth in Lending Act (“TILAâ€�), 15 U.S.C. §§ 1601-1615 and Regulation Z, 12 C.F.R. § 226, as interpreted by the Federal Reserve Board’s Official Staff Commentary, apply to discretionary interest rate increases that occur because of consumer default. We hold that Regulation Z requires a creditor to provide contemporan... More...   $0 (03-19-2009 - CA)

Appellants Larry and Lennelle Pinson brought this action under the Fair Credit Reporting Act (FCRA), 15 U.S.C. §§ 1681 - 1681x, against Appellees Equifax Credit Information Services, LLC; CSC Credit Services; Experian Information Solutions, Inc.; Trans Union, LLC, (collectively, “consumer reporting agenciesâ€� or “CRAsâ€�); Capital One Services, Inc.; Capital One Bank FSB (collectively, “C... More...   $0 (03-10-2009 - OK)

John Gorman tried to buy a satellite television system using his credit card, issued by MBNA America Bank. He was unsatisfied with the system purchased, and lodged a challenge with MBNA to dispute the charge. Unhappy with MBNA’s response, Gorman instituted this lawsuit against MBNA, alleging violations of the Fair Credit Reporting Act, 15 U.S.C. §§ 1681-1681x, libel, and violations of Cal. Civ... More...   $0 (01-12-2009 - CA)

Plaintiff and appellant Rebecca Liceaga, apparently the victim of identity theft, filed a complaint against Debt Recovery Solutions, LLC, a collection agency, for damages that she claims were caused when it furnished to a consumer credit reporting agency information about her which it knew or should have known was inaccurate. The complaint alleged a violation of California’s Consumer Credit Repo... More...   $0 (12-29-2008 - CA)

This case presents an issue of first impression — whether a party joined as a defendant to a counterclaim (the "additional counter-defendant") may remove the case to federal court solely because the counterclaim satisfies the jurisdictional requirements of the Class Action Fairness Act of 2005 ("CAFA"), Pub. L. 109-2, 119 Stat. 4 (codified in scattered sections of Title 28 of the United States C... More...   $0 (12-23-2008 - WV)

¶1 The United States District Court for the Eastern District of Oklahoma certified five questions of Oklahoma Law under the Revised Uniform Certification of Questions of Law Act, 20 O.S. 2001 §§1601-1611,2 seeking clarification of our holding in Saint v. Data Exchange Inc., 2006 OK 59, 145 P.3d 1037. We consolidated and reformulated3 them into the two aforementioned questions.

¶2 The ... More...   $0 (12-16-2008 - )

This appeal arises out of a used car purchase. The trial court granted summary judgment against the purchaser. We affirm in part and reverse and remand in part.

Background

On February 21, 2004, appellant Billy Don Gifford purchased a 2001 Toyota Tacoma from appellee Don Davis Auto, Inc. d/b/a Don Davis Toyota (ADon Davis@). Don Davis used a form retail installment sales contract f... More...   $0 (12-11-2008 - TX)

This case involves the legality of the methods that AFNI, Inc., uses when it undertakes collection efforts—in this instance, on behalf of Cingular Wireless. (After the events in this case, Cingular was acquired by AT&T; for the sake of consistency with the district court’s opinion, we refer to it here by its former name.) The district court certified a class of customers in the state of Wiscon... More...   $0 (12-08-2008 - WI)

¶1 Two questions are posed in this controversy for our review: (1) Is Equity Insurance Company's policy provision that deals with cancellation for nonpayment of a premium ambiguous? If so, did defendant tender proof that would raise a question of fact as to when notice of the policy's cancellation must be submitted to the insured? (2) Do the terms of the Oklahoma Consumer Credit Protection Code, ... More...   $0 (09-16-2008 - OK)

¶1 Two questions are posed in this controversy for our review: (1) Is Equity Insurance Company's policy provision that deals with cancellation for nonpayment of a premium ambiguous? If so, did defendant tender proof that would raise a question of fact as to when notice of the policy's cancellation must be submitted to the insured? (2) Do the terms of the Oklahoma Consumer Credit Protection Code, ... More...   $0 (09-16-2008 - OK)

Appellants Poehl and Ludditt-Poehl claim that their credit reports were a... More...   $0 (06-20-2008 - MO)

This putative class action challenges the legality, under the Fair Credit Reporting Act ("FCRA" or "the Act"), 15 U.S.C. § 1681 et seq., of an unsolicited letter to a consumer about the offering of credit for a home loan. Defendant Greenwood Credit Union sent the letter to plaintiff, Anthony Sullivan, and others based on a list of individuals meeting certain minimal credit requirements that Greenw... More...   $0 (03-19-2008 - MA)

James and Elizabeth Cetto seek to rescind the refinancing of their Virginia home based on their claim that the total points and fees charged in the transaction qualified the loan as what is commonly referred to as a "high-cost mortgage" under the Truth in Lending Act ("TILA") as amended by the Home Ownership and Equity Protection Act ("HOEPA"), which entitled them to specific disclosures and ... More...   $0 (02-29-2008 - VA)

In this garnishment action, Ford Motor Company (Ford) appeals as of right the trial court's May 31, 2006 order and judgment entered in favor of Oxford Estates Condominium Association (Association), which incorporated by reference the trial court's May 9, 2006 opinion and order. We reverse the trial court's May 9, 2006 opinion and order, vacate the May 31, 2006 order and judgment, and remand fo... More...   $0 (02-21-2008 - MI)

[1.] In this collection action, a debtor representing himself advances several dubious legal theories on why he should not be responsible for paying his entire credit card debt. In circuit court, a judgment was entered against him for the whole amount. Despite some of the debtor's questionable arguments, however, it appears that he was in fact defrauded in a telemarketing swindle. Therefore, ... More...   $0 (01-08-2008 - SD)

This case arises from appellant Mary Gay's purchase of credit repair services from defendants CreditInform and Intersections Inc. ("Intersections"). Gay, however, filed a notice 1CreditInform is not a legal entity but merely is a trademark Capital One has registered through which to market products and services through Capital One Services, Inc. Intersections then provides the products ... More...   $0 (01-03-2008 - PA)