Tag Archives: consumer protection

Consumer Protection – ‘Improper Fees’ – Civil Practice – Statute of Limitations – Putative Class Action (access required)

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.

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Real Property – Consumer Protection – TILA Rescission Right – ‘Notice’ (access required)

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.

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Attorneys – Consumer Protection – Solicitation – FOIA – S.C. DMV – Car Buyers – Potential Class Action — Driver Privacy – Litigation Exception (access required)

Maracich v. Spears Lawyers who used FOIA requests to the South Carolina DMV to find plaintiff car buyers for a potential class action against car dealers for collection of unlawful fees did not violate a federal privacy statute that protects drivers’ personal information; the 4th Circuit upholds summary judgment for the lawyers who satisfied the “litigation” exception to the driver privacy statute.

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