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.
Aggregate action is often essential to secure relief for consumers and to hold businesses accountable for wrongdoing. Businesses have adopted class-action bans to prevent consumers from bringing legitimate claims.
Plaintiff's UCL Cause of Action does not conflict with or otherwise undermine national banks' federally authorized lending power. Public policy considerations weigh in favor of a conclusion that the students' UCL claim is not prempted.
The Panel’s decision is contrary to the plain language of the FCRA and nullifies its requirement to filter out unverifiable information, the panel’s decision establishes a de facto technical accuracy standard, contrary to existing circuit precedent; and the Panel’s decision ignores the grave responsibilities that Congress Imposed on CRAs.
The issues presented in this case implicate the interests of millions of American consumers whose sensitive personal information is regularly shared, often without their knowledge, among financial firms, insurance companies, landlords, employers and others. The question presented here is whether the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) (“FCRA”) preempts the CMIA in instances in which a health care provider improperly discloses confidential medical information to a third party, where that third party happens to be a consumer reporting agency as defined by the FCRA.
Liberty Tax Service violated the UCL and the FDCPA by misleading consumers into signing agreements with hidden provisions purporting to allow the cross-collection of debts.
Payday lenders, one of the main players in the “fringe banking” industry, target vulnerable borrowers who cannot access traditional sources of credit and, rather than helping them handle a short-term crisis, actually exacerbate their financial distress. The relationships that Cash Advance and Preferred Cash Loans claim to have with various tribal entities should be scrutinized to ensure it is not merely the most recent version of decades-old ruses to avoid regulation by State laws. Each organization and its extensive involvement in advocacy to pierce these ruses and to protect borrowers from fringe lenders is described in detail in the Motion for Leave to File Brief Amici Curiae in Support of Respondents/Cross-Petitioners with which this brief is conditionally filed.