U.S. v. Triple Canopy Inc. (Lawyers Weekly No. 001-111-17, 11 pp.) (Shedd, J.) No. 13-2190, May 16, 2017; On Remand from USSC; 4th Cir. Holding: In a case remanded by the U.S. Supreme Court, the 4th Circuit says the federal ...

Tagged with: Consumer Protection

Dreher v. Experian Information Solutions Inc. (Lawyers Weekly No. 001-110-17, 18 pp.) (Thacker, J.) No. 15-2119, May 11, 2017; USDC at Richmond, Va. (Gibney, J.) 4th Cir. Holding: The 4th Circuit vacates an $11,747,510 judgment in a class action suit ...

Tagged with: Consumer Protection

McFarland v. Wells Fargo Bank NA (Lawyers Weekly No. 001-013-16, 29 pp.) (Harris, J.) No. 14-2126, Jan. 15, 2016; USDC at Charleston, W.Va. (Goodwin, J.) 4th Cir. Holding: A borrower who alleges he refinanced his home based on a mortgage ...

Tagged with: Consumer Protection

Askew v. HRFC LLC (Lawyers Weekly No. 001-008-16, 23 pp.) (Diaz, J.) No. 14-1384, Jan. 11, 2015; USDC at Baltimore, Md. (Bennett, J.) 4th Cir. Holding: Steps taken by defendant finance company after it discovered it was charging a used ...

Tagged with: Consumer Protection

Gardner v. GMAC Inc. (Lawyers Weekly No. 001-148-15, 18 pp.) (Diaz, J.) No. 14-1048, Aug. 6, 2015; USDC at Baltimore, Md. (Motz, J.) 4th Cir. Holding: The 4th Circuit affirms a district court decision rejecting plaintiff car buyers’ suit for ...

Tagged with: Consumer Protection

Jones v. Dancel (Lawyers Weekly No. 001-128-15, 25 pp.) (Keenan, J.) No. 14-2160, July 6, 2015; USDC at Baltimore, Md. (Motz, J.) 4th Cir. Holding: In this class action alleging defendants violated the Credit Repair Organizations Act, the 4th Circuit ...

Tagged with: Consumer Protection

Branigan v. TD Bank NA In a “Chapter 20” bankruptcy case – a Chapter 13 bankruptcy filed within four years of a Chapter 7 discharge – there is no per se rule barring lien-stripping, and the 4th Circuit affirms an order stripping off liens secured by collateral with no value to support them in this suit involving debtors’ residences

Tagged with: Consumer Protection

Marijuana may be coming out of the black market in Colorado and Washington state, but the drug, at least for now, will retain a decidedly underground feel: Users may not know what's in it.

Tagged with: Consumer Protection Marijuana

Delebreau v. Bayview Loan Servicing LLC A West Virginia consumer credit statute’s one-year statute of limitations, which runs from the “due date of the last scheduled payment of the agreement,” started on the date the lender accelerated the borrower’s mortgage loan, not on the 2030 loan maturity date designated in the loan documents, and the 4th Circuit upholds the district court’s dismissal of the putative class claim under W.Va. Code § 46A-1-101.

Tagged with: Civil Practice Consumer Protection Real Property Statute of Limitations

Gilbert v. Residential Funding LLC A homeowner may exercise a right to rescind a mortgage transaction under the Truth in Lending Act by notifying the creditor within the three-year period; the owner is not required to file a lawsuit within the three-year window to exercise the rescission right, and the 4th Circuit reverses a contrary district court decision on a question of law that has split federal appeals courts.

Tagged with: Consumer Protection Notice Real Property