A new Florida class action alleges that a car dealership misrepresented that it would make a “soft” credit inquiry, or pull, rather than a “hard” pull – and then made a hard pull. While the lawsuit alleges a straight-up misrepresentation causing harm to the consumer’s credit standing, the lawsuit illustrates the importance of accuracy in
On March 19, the United States District Court for the Northern District of Illinois ruled in favor of a defendant debt collector because the plaintiff failed to submit extrinsic evidence showing an unsophisticated consumer would find the letter at issue to be misleading, false, or deceptive.
In Lemke v. Escallate, LLC, No. 1:17-cv-5234, 2019
On March 11, the U.S. District Court for the Central District of California approved a settlement stipulation between the parties in the long-running Fair Credit Reporting Act litigation involving Spokeo, Inc. See Thomas Robins v. Spokeo, Inc., Case No. 2:10-cv-05306 (C.D. Cal.). The settlement brings an end to the dispute that led to the
On February 26, the Northern District of California held in Banneck v. Federal National Mortgage Association that the defendant, commonly referred to as “Fannie Mae,” was not a consumer reporting agency, or “CRA,” as defined in the Fair Credit Reporting Act, granting summary judgment in a putative nationwide class action. The lawsuit had alleged violations
A U.S. Bankruptcy Court has denied a creditor’s motion for sanctions against a law firm in the Middle District of Florida which the creditor alleged engaged in serial filings.
Lash Wilcox & Grace PL (“LW&G”), formerly known as Lash & Wilcox PL, is a law firm with a niche practice specializing in the prosecution of
A recent objection by the U.S. Department of Justice to a proposed class action settlement in Cowen v. Lenny & Larry’s Inc.[1] may be an indication that the DOJ will be scrutinizing future settlements for the benefits to the class members. The DOJ argued in its objection that the bulk of the benefit from the
In a recent decision, the United States District Court for the Middle District of Florida denied a consumer’s motion for summary judgment and granted summary judgment in favor of a debt collector regarding claims under the Fair Debt Collection Practices Act. The case is Encarnacion v. Financial Corporation of America, No. 2:17-cv-00566-SPC-UAM (M.D. Fla.
On February 26, the Supreme Court held in a unanimous decision that the deadline to seek permission for an interlocutory appeal of a decision granting or denying class certification cannot be extended through equitable tolling. Rule 23(f) of the Federal Rules of Civil Procedure allows for an interlocutory appeal of class certification orders, but
The attorneys general of all 50 states as well as the District of Columbia, Puerto Rico, the Virgin Islands, and Guam have offered their support to pending legislation, the Telephone Robocall Abuse Criminal Enforcement and Deterrence (“TRACED”) Act, aimed at significantly reducing robocalls. The support was in the form of a letter sent by
A Florida magistrate judge recommended that debt collector Retrieval-Masters Creditors Bureau’s motion for summary judgment be granted in a suit alleging the company violated the Fair Debt Collection Practices Act by overshadowing the 30-day window to dispute a debt in a collection letter sent to plaintiff Cheryl Rafferty. The case is Rafferty v.