The plaintiff-patients complain that they were required to pay more for copies of their medical records than S.C. Code Ann. § 44-115-80 allows healthcare providers to charge. However, plaintiffs have not sued their healthcare providers; instead, they have sued the ...

Tagged with: consumer protection

By Jason Boleman  A group of North Carolina personal injury attorneys prevailed in a consumer protection suit after the court found the plaintiffs failed to preserve the argument that the reports accessed by the attorneys were a “motor vehicle record.”  ...

Tagged with: consumer protection

Dillon v. BMO Harris Bank NA (Lawyers Weekly No. 001-109-17, 14 pp.) (Keenan, J.) No. 16-1362, May 10, 2017; USDC at Greensboro, N.C. (Eagles, J.) 4th Cir. Holding: A borrower who obtained his “payday loan” over the internet is not ...

Tagged with: consumer protection

Cartrette v. Time Warner Cable, Inc. (Lawyers Weekly No. 002-006-16, 20 pp.) (Louise Flanagan, J.) 5:14-cv-00143; E.D.N.C. Holding: According to a Declaratory Ruling and Order by the Federal Communications Commission, consumers have the right to revoke their consent to be ...

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. 15-01-0797, 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

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

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