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Consumer Protection — Dunning letters (access required)

POSTED: Friday, May 11th, 2012 at 12:03 pm

BY: WISCONSIN LAW JOURNAL STAFF

11-2334 Zemeckis v. global Credit & Collection Corp.

Consumer Protection – TCPA — automated dialers (access required)

POSTED: Friday, May 11th, 2012 at 12:01 pm

BY: WISCONSIN LAW JOURNAL STAFF

11-3819 Soppet v. Enhanced Recovery Co., LLC

Consumer Protection — minimum markup laws (access required)

POSTED: Thursday, May 10th, 2012 at 10:17 am

BY: WISCONSIN LAW JOURNAL STAFF

2009AP599 Bhandari v. Nilsestuen, et al.

Consumer Protection — Fair and Accurate Credit Transactions Act (access required)

POSTED: Wednesday, April 18th, 2012 at 12:32 pm

BY: WISCONSIN LAW JOURNAL STAFF

11-8031 Van Straaten v. Shell Oil Products Co, LLC

Consumer Protection — Video Privacy Protection Act (access required)

POSTED: Tuesday, March 6th, 2012 at 11:40 am

BY: WISCONSIN LAW JOURNAL STAFF

12-8002 Sterk v. Redbox Automated Retail, LLC

Consumer Protection – RESPA — class actions (access required)

POSTED: Tuesday, March 6th, 2012 at 11:38 am

BY: WISCONSIN LAW JOURNAL STAFF

11-1816 & 11-1817 Howland v. First American Title Ins. Co.

Consumer Protection – WCA — prevailing party — attorney fees (access required)

POSTED: Tuesday, March 6th, 2012 at 11:01 am

BY: WISCONSIN LAW JOURNAL STAFF

2011AP135 Credit Acceptance Corp. v. Woodard

Consumer Protection – cramming — voluntary payment doctrine (access required)

2008AP1830 MBS-Certified Public Accountants, LLC, v. Wisconsin Bell, Inc.

Consumer Protection – HIPA — attorney fees (access required)

POSTED: Wednesday, February 22nd, 2012 at 11:38 am

BY: WISCONSIN LAW JOURNAL STAFF

2010AP2831 Integrity Construction Group Inc. v. Neary

Consumer Protection — class action waivers (access required)

POSTED: Tuesday, January 31st, 2012 at 10:17 am

BY: WISCONSIN LAW JOURNAL STAFF

2009AP760 Cottonwood Financial, Ltd., v. Estes

Consumer Protection – TCPA — federal court jurisdiction (access required)

POSTED: Wednesday, January 18th, 2012 at 11:48 am

BY: WISCONSIN LAW JOURNAL STAFF

10-1195 Mims v. Arrow Financial Services, LLC

Consumer Protection — Lemon Law — attorney fees (access required)

POSTED: Thursday, January 5th, 2012 at 10:30 am

BY: WISCONSIN LAW JOURNAL STAFF

2010AP3062 In re the award of attorney fees and costs in: Zimmerman v. Chrysler Group LLC, et al.

Consumer Protection — FDCPA (access required)

POSTED: Tuesday, December 27th, 2011 at 8:55 am

BY: WISCONSIN LAW JOURNAL STAFF

11-2104 Gulley v. Markoff & Krasny

Consumer Protection — mandatory arbitration clauses (access required)

POSTED: Tuesday, December 20th, 2011 at 11:13 am

BY: WISCONSIN LAW JOURNAL STAFF

2009AP760 Cottonwood Financial Ltd v. Estes

Consumer Protection – TILA — Regulation Z (access required)

POSTED: Tuesday, December 6th, 2011 at 10:25 am

BY: WISCONSIN LAW JOURNAL STAFF

11-1424 Marr v. Bank of America, N.A.

Consumer Protection; Sanctions (access required)

POSTED: Tuesday, November 29th, 2011 at 1:31 pm

BY: WISCONSIN LAW JOURNAL STAFF

10-2418 FTC v. Trudeau

Consumer Protection – motor vehicles — model years (access required)

POSTED: Friday, November 4th, 2011 at 10:22 am

BY: WISCONSIN LAW JOURNAL STAFF

11-1064 Liz Anderson v. Gulf Stream Coach, Inc.

Consumer Protection — Fair Credit Billing Act (access required)

POSTED: Thursday, November 3rd, 2011 at 1:43 pm

BY: WISCONSIN LAW JOURNAL STAFF

2009AP2144 Citibank (South Dakota) NA v. Smith

Consumer Protection – preemption — food labeling (access required)

POSTED: Monday, October 17th, 2011 at 10:11 am

BY: WISCONSIN LAW JOURNAL STAFF

10-3267 Turek v. General Mills, Inc.

Consumer Protection – FCRA — preemption (access required)

POSTED: Monday, October 3rd, 2011 at 10:20 am

BY: WISCONSIN LAW JOURNAL STAFF

10-3975 Purcell v. Bank of America

2009AP538 Kilian v. Mercedes-Benz USA, LLC (access required)

Consumer Protection
Lemon Law; equitable relief

2010AP2298 Payday Loan Store of Wisconsin, Inc., v. Mount (access required)

Consumer Protection
Payday loans; unconscionability

2010AP2032 Avudria v. McGlone Mortgage Co., Inc. (access required)

POSTED: Tuesday, May 17th, 2011 at 12:57 pm

BY: WISCONSIN LAW JOURNAL STAFF

Consumer Protection Banking A borrower must suffer at least some actual injury or damage to sue under sec. 224.80(2) because a mortgage broker did not use the correct forms prepared by the DFI. “To read the statute as Avudria suggests, as a strict liability statute permitting a private cause of action for a mere technical [...]

10-3184 Carter v. AMC, LLC (access required)

POSTED: Friday, May 13th, 2011 at 2:14 pm

BY: WISCONSIN LAW JOURNAL STAFF

Consumer Protection FDCPA; lessor’s agent A landlord’s agent is not a debt collector under the FDCPA. “We conclude that, although one usually ‘obtains’ a debt by purchasing it, this is not the only way to do so. A servicing agent ‘obtains’ a debt in the sense that it acquires the authority to collect the money [...]

2010AP826 Marquez v. Mercedes-Benz USA, LLC (access required)

POSTED: Wednesday, April 13th, 2011 at 9:44 am

BY: WISCONSIN LAW JOURNAL STAFF

Certifications Consumer Protection Lemon Law; good faith; burden of proof Pursuant to Wis. Stat. Rule 809.61 (2009-10) this court certifies the appeal in this case to the Wisconsin Supreme Court for its review and determination. What is the proper burden of proof to be applied to an allegation of intentional bad faith on the part [...]

07-C0765 Thermal Design, Inc. v. ASHRAE (access required)

POSTED: Tuesday, April 5th, 2011 at 11:54 am

BY: WISCONSIN LAW JOURNAL STAFF

Consumer Protection Deceptive trade practices A manufacturer is not sufficiently likely to prevail in a deceptive trade practices claim against a corporation that publishes industry standards and guidelines to warrant a preliminary injunction. “Here, the gravamen of Thermal Design’s allegations is that ASHRAE has made a statement or representation to the public that is untrue, [...]

10-1376 O’Rourke v. Palisades Acquisition XVI, LLC (access required)

POSTED: Thursday, March 17th, 2011 at 12:23 pm

BY: WISCONSIN LAW JOURNAL STAFF

Consumer Protection FDCPA The Fair Debt Collection Practices Act does not extend to communications meant to mislead a judge, rather than the consumer. “[W]when read in light of the Act’s purpose and numerous provisions, the prohibitions are clearly limited to communications directed to the consumer and do not apply to state judges. The Act is [...]

10-2045 Tinsley v. Integrity Financial Partners, Inc. (access required)

POSTED: Friday, February 11th, 2011 at 1:12 pm

BY: WISCONSIN LAW JOURNAL STAFF

Consumer Protection FDCPA 15 U.S.C. 1692c(c) of the Fair Debt Collection Practices Act does not prohibit debt collectors from contacting a debtor’s legal counsel as well as the debtor himself, once the debtor refuses to pay. “Subsections (a) and (b) provide valuable context. Tinsley’s argument makes hash of them, because if the word ‘consumer’ is [...]

09-329 Chase Bank USA, N.A. v. McCoy (access required)

POSTED: Monday, January 24th, 2011 at 2:50 pm

BY: WISCONSIN LAW JOURNAL STAFF

Consumer Protection TILA Regulation Z did not require Chase to provide McCoy with a change-in-terms notice before implementing the agreement term allowing it to raise his interest rate, up to a pre-set maximum, following delinquency or default. The Board has made clear in its amicus brief to this Court that, in its view, Chase was [...]

09-2182 Catalan v. GMAC Mortgage Corp. (access required)

POSTED: Monday, January 10th, 2011 at 2:36 pm

BY: WISCONSIN LAW JOURNAL STAFF

Consumer Protection RESPA A qualified written request under RESPA need only identify the borrower, the account, and include a reasonably stated request for information. “RESPA does not require any magic language before a servicer must construe a written communication from a borrower as a qualified written request and respond accordingly. The language of the provision [...]

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