Topic
Every decision we've filed under Consumer Protection.
The United States Court of Appeals for the Eighth Circuit affirmed the dismissal of a pro se complaint alleging violations of the Fair Debt Collection Practices Act. The court concluded that the district court did not err in dismissing the case following a de novo review.
The Ninth Circuit affirmed the dismissal of a putative class action alleging deceptive marketing of Medicare Advantage plans. The court held that state law claims regarding marketing materials were expressly preempted by the Medicare Act.
The Eighth Circuit affirmed the dismissal of a lawsuit alleging racial discrimination by a venue offering free admission to tribal members. The court held that tribal membership constitutes a political classification rather than a racial one under federal civil rights statutes.
The Fifth Circuit affirmed a district court dismissal where a pro se plaintiff failed to appeal a specific denial of relief from judgment. The court held that the plaintiff abandoned her arguments by not briefing any challenge to the dismissal order itself.
The Eleventh Circuit affirmed dismissal of a pro se complaint against a mortgage servicer under federal home-loan statutes. The court said the plaintiff's own filings showed he was not a party to the loan and therefore failed to state a claim under the cited provisions.
The Fifth Circuit affirmed the dismissal of a consumer protection lawsuit brought by homeowners against a loan servicer. The court held that the plaintiffs failed to adequately allege that the defendant was a debt collector under the Fair Debt Collection Practices Act.
The Eleventh Circuit dismissed an appeal filed by an attorney seeking damages under the Fair Debt Collection Practices Act for injuries suffered while representing a client. The court held that the attorney failed to allege a concrete injury in fact sufficient to establish Article III standing because his alleged harms were entirely derivative of those suffered by his client.
The United States Court of Appeals for the Fifth Circuit affirmed a summary judgment ruling in a Fair Debt Collection Practices Act dispute. The court held that the appellant forfeited his only live claim by failing to address it in his appellate briefing.
The United States Court of Appeals for the Tenth Circuit affirmed the district court's dismissal of federal Telephone Consumer Protection Act claims and remand of state-law claims. The panel also denied a motion for sanctions against the pro se appellant due to insufficient connection to the federal appeal.
The United States Court of Appeals for the Sixth Circuit certified two questions of Ohio law to the Supreme Court of Ohio regarding the voluntary-payment defense in consumer lending disputes. The court addressed whether a bank could bar recovery for breach of contract when customers paid a flat fee while unaware of the actual annual percentage rate.