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Consumer Law

Consumer Law: Store Rewards Program-Price Discrimination-Federal Jurisdiction

Plaintiff filed a class-action complaint in Arkansas state court, alleging that Walgreens’ rewards program violated Arkansas’ statutory prohibition on price discrimination in the sale of manufactured products. Defendants removed the case to federal court, alleging jurisdiction under the Class Action ...

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Consumer Law: FDCPA-Class Action-Least-Sophisticated Consumer

Plaintiffs appealed the dismissal of their purported class action under the FDCPA. Where the least-sophisticated-consumer standard contained an objective element of reasonableness to avoid peculiar interpretations of debt-collector communications, the district court properly denied plaintiffs’ complaint. Judgment is affirmed. Carroll ...

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Consumer Law: Mutual Savings and Loan Association-Inequitable Merger-Failure to Distribute Surplus Assets

Plaintiffs appealed the dismissal of their putative class-action lawsuit against defendants, challenging defendant First Federal Bank of Kansas City’s absorption of Inter-State Federal Savings and Loan Association of Kansas City. Plaintiffs were members of Inter-State and alleged that the merger ...

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Consumer Law: Mortgage Lender-Deceptive Trade Practices-Fraud Pleading Requirements

Plaintiff appealed the dismissal of his complaint of deceptive trade practices against his mortgage lender and related parties. Where plaintiff failed to plead his allegations of fraud with requisite particularity, the district court properly dismissed his complaint. Judgment is affirmed. ...

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Consumer Law: Home Equity Loan-Imposition of Lender Insurance-Evidence of Agreement

Plaintiff filed suit against his mortgagee, alleging it illegally imposed lender insurance for plaintiff’s failure to obtain mortgage insurance and further alleging the mortgagee improperly reneged on a rate-reduction agreement between plaintiff and the mortgagee’s predecessor. The district court dismissed ...

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Consumer Law: Consumer Loans-Arbitration-Exclusive Arbitral Forum

Plaintiff appealed the circuit court’s order denying its motion to compel arbitration and stay proceeding on defendant’s claims. The parties executed contracts for consumer loans that contained arbitration clause granting exclusive jurisdiction to the National Arbitration Forum; thereafter, NAF entered ...

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