This brief supports the Appellant's positions on its claims under the Fair Business Practices Act and request that the Court reverse the Georgia Court of Appeals’ determination that contractual language may defeat a FBPA claim as a matter of law.
The amici brief focuses on the far reaching consequences for consumers of food and other products regarding the standard of First Amendment review applied to the disclosures on food labeling packaging.
Amicus Curiae Brief Expressions Hair Design v. Eric Schneiderman
Amicus Curiae Brief for Berman v. NYC
Adoption of Defendants’ position would be the death knell of virtually all meaningful enforcement of the Unfair Practices Act (UPA), NMSA 1978, §§ 57-12-1 to -22.
The solution is simple: affidavits should be filed only by individuals who have actually reviewed the physical loan documents and other records and confirmed their accuracy, and original documentation should be demanded by the courts.
The current split among the circuits is profound and irreconcilable, and this unsettled jurisprudence has impaired TCPA enforcement while aiding industry non-compliance.
To ensure that borrowers are given the opportunity to bring disputes into the judicial system, the trial court should be reversed and Ms. JImenez allowed to prove her claims against Citibank and Equity.
The West Virginia Consumer Credit and Protection Act Provides Consumers with a cause of actuin against any person violating prohibited debt collection practices. Any ambiguity in the remedies provisions must be resolved in favor of providing consumers with a cause of action.