Tag Archives: Consumer Protection Statutes

Seventh Circuit Limits Application of State Consumer Act

The United States Court of Appeals for the Seventh Circuit granted summary judgment in favor of Home Depot in a case limiting the application of the Wisconsin Consumer Act. Plaintiffs had argued that Home Depot’s failure to remove a credit card charge of $9,761.64 on a Home Depot credit card issued by Citibank violated sections … Continue reading this entry

Second Circuit: Lawsuit During FDCPA Validation Period Overshadows Notice

A recent case out of Connecticut waves a yellow flag at debt collectors who file lawsuits within 30 days of sending a consumer a validation notice under the Fair Debt Collections Practices Act (“FDCPA”). On January 13, 2010, the Second Circuit Court of Appeals held that a law firm and two of its lawyers violated … Continue reading this entry

Alaska Supreme Court Rejects Debt Collector's Argument That Constitutional Right To Petition The Government Is Infringed By Alaska's Consumer Protection Statute

In a recent decision, the Alaska Supreme Court found that requiring a debt collector and attorneys to comply with Alaska’s Unfair Trade Practices and Consumer Protection Act (UPTA) does not infringe on their Constitutional right to petition the government as set out in the Noerr-Pennington doctrine. (Pepper v. Routh Crabtree, APC, et al., No. 6437 … Continue reading this entry