WVCCPA

WV Supreme Court Does Not Tolerate Unsupported Pro Se Claims Under the WVCCPA

In a 3-2 decision, the West Virginia Supreme Court has upheld a circuit court's grant of summary judgment in favor of the holder of a reverse mortgage. See Dubois v. James B. Nutter & Co., 2018 W.Va. LEXIS 473 (W.Va., June 8, 2018). Under the facts of Dubois, an elderly woman sought a reverse mortgage on… Continue reading WV Supreme Court Does Not Tolerate Unsupported Pro Se Claims Under the WVCCPA

TILA, WVCCPA

WV Federal Court Addresses Various Legal Issues Pertaining to Reverse Mortgages

On cross-motions for summary judgment, the United States District Court for the Southern District of West Virginia recently had the opportunity to address various legal issues pertaining to reverse mortgages. See Lavis v. Reverse Mortg. Sols., LLC, 2018 U.S. Dist. LEXIS 78190 (S.D.W.Va. May 9, 2018). More specifically, the Court discussed the application of the law… Continue reading WV Federal Court Addresses Various Legal Issues Pertaining to Reverse Mortgages

WVCCPA

WV Supreme Court Finds that Threat of Criminal Action Against a Consumer Constitutes Debt Collection Under the WVCCPA

In a recent decision, the West Virginia Supreme Court has affirmed a trial court's grant of summary judgment in favor of a consumer who was threatened with criminal action for failing to pay a debt. See Cash N Go, Inc. v. Spruce, 2018 W.Va. LEXIS 351 (W.Va., May 11, 2018). Under the facts of this case,… Continue reading WV Supreme Court Finds that Threat of Criminal Action Against a Consumer Constitutes Debt Collection Under the WVCCPA

WVCCPA

WV Federal Court Finds WVCCPA Claim Turns on Nature of the Transaction in Question, Not General Usage of the Account

In an action alleging violations of the unlawful debt collection provisions of the West Virginia Consumer Credit and Protection Act, the United States District Court for the Southern District of West Virginia has found that the question of whether a claim is "primarily for personal, family or household purpose" turns on the nature of the… Continue reading WV Federal Court Finds WVCCPA Claim Turns on Nature of the Transaction in Question, Not General Usage of the Account

FDCPA

Collector Has No Obligation to Disclose to Consumer Possible Future Costs and Fees if Case Proceeds to Litigation

In Spurlock v. Receivables Management Partners, LLC and James E. Pruett, 2018 U.S. Dist. LEXIS 70755 (S.D.Ind. April 27, 2018), the U.S. District Court for the Southern District of Indiana ruled that a debt collector did not violate the Fair Debt Collection Practices Act when it sent a consumer a dunning letter that accurately stated… Continue reading Collector Has No Obligation to Disclose to Consumer Possible Future Costs and Fees if Case Proceeds to Litigation

FDCPA, WVCCPA

WV Federal Court Dismisses Purported Class Action Over “1099-C” Language.

Ever since the West Virginia State Legislature began amending the unlawful debt collection provisions of the WVCCPA in 2015 making it more difficult for litigants to abuse the consumer protection laws, the consumer plaintiff's bar has been scrambling to seize upon a class action theory for the next generation of consumer claims in West Virginia. In… Continue reading WV Federal Court Dismisses Purported Class Action Over “1099-C” Language.

FDCPA

Court Finds General Partner of Debt Collection Agency Vicariously Liable for FDCPA Violations

The United States District Court for the Southern District of Indiana has found that a general partner of a debt collection agency may be held vicariously liable under the FDCPA for the unlawful debt collection practices of the agency. See Smith v. GC Services. Ltd. P'ship, 2018 U.S. Dist LEXIS 64203 (S.D.Ind., April 17, 2018). The… Continue reading Court Finds General Partner of Debt Collection Agency Vicariously Liable for FDCPA Violations

Intentional Infliction of Emotional Distress, Invasion of Privacy, WVCCPA

WV Federal Court Dismisses Claims of IIED and Invasion of Privacy But Allows WVCCPA Claim to Go Forward

In a recent decision, the United States District Court for the Southern District of West Virginia examined the evidence necessary to support claims of intentional infliction of emotional distress, invasion of privacy and unlawful debt collection practices under the WVCCPA. See O'Dell v. USAA Fed. Sav. Bank, 2018 U.S. Dist. LEXIS 57980 (D.C.W.Va., April 5,… Continue reading WV Federal Court Dismisses Claims of IIED and Invasion of Privacy But Allows WVCCPA Claim to Go Forward

WVCCPA

West Virginia Homeowners Associations May Collect Late Fees, Interest on Delinquent Assessments, and Reasonable Attorney’s Fees

On April 11, 2018, the West Virginia Supreme Court handed down a decision favorable to homeowners associations who wish to collect late fees, interest, and reasonable attorney's fees on delinquent assessments. See Conkey v. Sleepy Creek Forest Owners Ass'n, 2018 W.Va. Lexis 284 (W.Va., April 11, 2018). In Conkey, a homeowners association filed a lawsuit against… Continue reading West Virginia Homeowners Associations May Collect Late Fees, Interest on Delinquent Assessments, and Reasonable Attorney’s Fees

FDCPA

Second Circuit’s Safe-Harbor Does Not Require Disclosure of Amount of Continually Accruing Interest and Fees

The U.S. District Court for the Eastern District of New York dismissed a consumer’s Fair Debt Collection Practices Act case in which he claimed that the collection agency violated the FDCPA when it failed “to list how interest and other charges are added to plaintiff’s account, in what amounts, at what percentage rate, and how… Continue reading Second Circuit’s Safe-Harbor Does Not Require Disclosure of Amount of Continually Accruing Interest and Fees