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Consumer Law

Jun 24, 2019

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. Strong v. Caliber Home Loans Inc. (MLW No. 73403/Case No. 18-2661 – 2 pages) (U.S. […]

Jun 10, 2019

Consumer Law: Customer Information Breach-Failure to State a Claim-Proof of Damages

A group of customers sued defendants following a hacker breach that resulted in access to the customers’ financial information. The court previously dismissed all but one plaintiff for lack of standing. The district court subsequently dismissed the remaining plaintiff for failure to state a claim. Where state law did not impose a duty on retailers […]

May 3, 2019

Consumer Law: Fair Debt Collection Practices Act-Collection Letter-Minnesota Law

Where a plaintiff argued that the content of a debt-collection letter violated the Fair Debt Collection Practices Act, the district court properly dismissed her lawsuit because the letter was not false or misleading when viewed through the eyes of an unsophisticated consumer, and the court properly found that Minnesota law does not prohibit the creditor […]

Feb 18, 2019

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 the first claim, finding plaintiff had notice of a global settlement releasing such clai[...]

Nov 20, 2018

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 a consent decree with the Minnesota Attorney General to stop providing arbitration s[...]

Sep 12, 2018

Consumer Law : Fair Debt Collection Practices Act – Unsophisticated Consumer Standard – Violation Of Cease Letter

Scheffler v. Gurstel Chargo, P.A. (MLW No. 72046/Case No. 17-2141 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Grasz, J.)

Aug 31, 2018

Consumer Law : MMPA –  Jurisdiction – Deceptive Representations

Faltermeier v. FCA US LLC (MLW No. 71982/Case No. 17-2093 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.)

Aug 20, 2018

Consumer Law : Financing Application –  Arbitration – Class Action

Parm v. Bluestem Brands, Inc. (MLW No. 71973/Case No. 17-1931 – 14 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.)

Jul 25, 2018

Consumer Law :  Foreclosure Sale –  Redemption Period – Minnesota Law

Litterer v. Rushmore Loan Management Services (MLW No. 71870/Case No. 16-3060 – 4 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.)

Jul 25, 2018

Consumer Law :  Credit Card Debt –  Compound Interest – Minnesota Law

Coyne v. Midland Funding LLC (MLW No. 71880/Case No. 17-2826 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Arnold, J.)

Jul 19, 2018

Consumer Law : Direct Patient Billing –  Medicaid Law –  Third-Party Recovery

Robinett v. Shelby County Healthcare Corporation (MLW No. 71878/Case No. 17-1336 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.)

Apr 26, 2018

Consumer Law : Second Mortgage Loan Act – Excessive Fees –  Statute Of Limitations

Baker v. Century Financial Group, Inc. (MLW No. 71598/Case No. WD80813 – 19 pages) (Missouri Court of Appeals, Western District, Mitchell, J.)

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