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

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

2009AP599 Bhandari v. Nilsestuen, et al.

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

12-8002 Sterk v. Redbox Automated Retail, LLC

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

2011AP135 Credit Acceptance Corp. v. Woodard

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

2010AP2831 Integrity Construction Group Inc. v. Neary

2009AP760 Cottonwood Financial, Ltd., v. Estes

10-1195 Mims v. Arrow Financial Services, LLC

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

11-2104 Gulley v. Markoff & Krasny

2009AP760 Cottonwood Financial Ltd v. Estes

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

10-2418 FTC v. Trudeau

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

2009AP2144 Citibank (South Dakota) NA v. Smith

10-3267 Turek v. General Mills, Inc.

10-3975 Purcell v. Bank of America

Consumer Protection
Lemon Law; equitable relief

Consumer Protection
Payday loans; unconscionability

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 [...]

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 [...]

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 [...]

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, [...]

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 [...]

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 [...]

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 [...]

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 [...]