Consumer could sue for emotional distress under FCRA 
Published: April 2, 2013
Tags: consumer protection, emotional distress, Fair Credit Reporting Act
A consumer produced sufficient evidence of emotional injury to proceed with a claim under the Fair Credit Reporting Act, the 10th U.S. Circuit Court of Appeals has ruled in reversing a summary judgment.
FCRA plaintiff failed to show ‘actual’ damages
Published: April 2, 2013
Tags: consumer protection, Fair Credit Reporting Act
A plaintiff could not pursue a claim under the Fair Credit Reporting Act in the absence of evidence that she suffered actual damages from an allegedly inaccurate criminal background check, the 8th U.S. Circuit Court of Appeals has ruled in affirming a summary judgment.
FTC issues new guidelines for online advertising
Published: April 1, 2013
Tags: consumer protection, Federal Trade Commission, FTC, online advertising
The Federal Trade Commission has updated its guidelines for online advertising disclosures to grapple with some of the new technologies since its last guidance in 2000.
HOLA doesn’t preempt fraud claim against lender
Published: March 28, 2013
Tags: consumer protection, fraud, Home Owners’ Loan Act
Federal consumer protection law does not completely preempt state-law claims brought by a plaintiff who allegedly she was fraudulently induced into accepting a home loan, the 4th U.S. Circuit Court of Appeals has ruled in reversing a dismissal.
Homeowner entitled to loan modification under HAMP
Published: March 22, 2013
Tags: consumer protection, HAMP, Home Affordable Mortgage Program, loan modification
A homeowner who complied with the terms of her trial payment plan under the federal HAMP program could not be denied a permanent loan modification, the California Court of Appeal has ruled in reversing a dismissal.
Payday lender can’t enforce online arbitration clause
Published: March 20, 2013
Tags: arbitration, consumer protection, payday loans
A payday lender could not enforce an arbitration clause included in its online loan application form, the Montana Supreme Court has ruled in affirming judgment.
Credit card customer needn’t show identity theft to sue
Published: March 14, 2013
Tags: consumer protection, identity theft
A credit card customer was not required to show that she was the victim of identity theft in order recover damages for a retailer’s violation of a state law prohibiting the disclosure of personal information on transaction forms, Massachusetts’ highest court has ruled.
Mass. jury awards $63M for child’s reaction to Motrin
By:
Correy Stephenson
Published: March 1, 2013
Tags: Children’s Motrin, consumer protection, drug litigation, failure to warn, FDA, Food and Drug Administration, Johnson & Johnson, Motrin, preemption, Stevens-Johnson Syndrome, Toxic Epidermal Necrolysis
A Massachusetts jury awarded $63 million to a teenaged girl and her parents after the girl suffered an adverse reaction to Children’s Motrin that left her scarred and blind, with permanent brain and lung damage.
And the award may increase.
RESPA didn’t require responses to borrower’s faxes
Published: March 1, 2013
Tags: consumer protection, Real Estate Settlement Procedures Act, RESPA
Federal law didn’t require a mortgage servicer to respond to letters complaining of overcharges that a borrower faxed to locations other than the address the company designated to receive such complaints, the 10th U.S. Circuit Court of Appeals has ruled in affirming a dismissal.
Class complaint didn’t trigger CAFA’s removal clock
Published: February 28, 2013
Tags: class action fairness act, class actions, consumer protection, jurisdiction, removal
A consumer class action filed in state court failed to include facts necessary to trigger the time period for removal under the Class Action Fairness Act, the 9th U.S. Circuit Court of Appeals has ruled in reversing a remand order.
