Federal Court Complaint Where Assignee of Second Mortgagee Improperly Charged Interest (Interstate TD Investments)

A homeowner, having filed a chapter 13 bankruptcy in the Bankruptcy Court for the District of Massachusetts, in 2021 objects to the mortgagee’s proof of claim based on the predatory nature of the loan and that the loan terms were knowingly unaffordable.  The homeowner also uses this proceeding to file various counterclaims for the same mortgagee conduct. The filing was submitted by Roger Bertling of the Legal Services Center.

Connecticut Federal Court Complaint for Servicer’s Inadequate Response to Requests for Information and for Mortgage Modifications (CitiMortgage)

This action is brought by Plaintiff for actual damages, statutory damages, and civil penalties against the Defendant Central Credit Services, LLC (“Defendant”), for violation of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”) and the North Carolina Collection Agency Act, N.C.Gen.Stat. §§ 58‐70‐1 et seq. (“NCCAA”), which prohibit debt collectors and collection agencies from engaging in abusive, deceptive, and unfair practices.

This is an FDCPA second amended complaint filed by M. Stan Herring of Watts and Herring in Birmingham, Alabama, alleging FDCPA violations under 15 USC ss. 1692c(a)(1), 1692e, 1692e(2), 1692e(4), 1692e(5), 1692e(10), 1692e(11), 1692f , 1692f(1), based on abusive phone calls and threats made before 8:00 AM, false threats of garnishment without a court judgment, and engaging in numerous other misrepresentations. The complaint alleges the defendant's liability under respondeat superior and alter ego.

This is an FDCPA case filed by M. Stan Herring of Watts and Herring in Birmingham, Alabama, alleging FDCPA violations under 15 USC 1692c(a)(1), 1692e, 1692e(2), 1692e(4), 1692e(5), 1692e(10), 1692e(11), 1692f , 1692f(1), based on abusive phone calls and threats made before 8:00 AM, false threats of garnishment without a court judgment, and engaging in numerous other misrepresentations. The complaint alleges the defendant's liability under respondeat superior and alter ego.  The verdict is for $1000 statutory damages and $210,000 compensatory damages.

This is a 2023 class complaint filed in the Western District of Washington that the mobile phone carrier failed to protect customers personal and financial information and that this resulted in a SIM card swapping scam, so that the scammer gained control of the customers’ phone number and phone account without gaining possession of the customer’s phone.  Claims against T-Mobile included negligence, negligent hiring and supervision, UDAP, violations of the Federal Communications Act, and other federal claims.

This is a 2020 individual complaint filed in the Central District of California that the mobile phone carrier failed to protect customers personal and financial information and that this resulted in a SIM card swapping scam, so that the scammer gained control of the customers’ phone number and phone account without gaining possession of the customer’s phone.  Claims against ATT included that the agreement and disclaimers were unconscionable and against public policy, deceit by concealment, misrepresentation, negligence, negligent hiring and supervision, breach of contract, and vi

This is a 2019 individual complaint filed in the Eastern District of North Carolina that the mobile phone carrier failed to protect customers personal and financial information and that this resulted in a SIM card swapping scam, so that the scammer gained control of the customers’ phone number and phone account without gaining possession of the customer’s phone.  Claims against ATT included negligence, negligent hiring and supervision, the North Carolina Anti-Hacking statute, UDAP, and violations of the Federal Communications Act and the Computer Fraud and Abuse Act.

This 2024 federal court brief filed in the Southern District of West Virginia on behalf of a class of consumers successfully argued that clicking a website to set up a free Experian account is not sufficient to bind the consumers to an arbitration clause found in the terms of use. See Cox v. ConsumerInfo.com, Inc., 2024 WL 3625859 (S.D. W. Va. Aug.

Subpoena for records from DocuSign regarding an electronically executed contract for solar panels.

Sample discovery requests from a case involving failure to properly apply payments and failure to provide a timely and accurate payoff quote. Case litigated by Rachel Scott, Atlanta Legal Aid. 

Sample discovery requests from a case involving failure to properly apply payments and failure to provide a timely and accurate payoff quote. Case litigated by Rachel Scott, Atlanta Legal Aid. 
 

This document contains sections of legal argument for a brief in response to Motion to Dismiss on damages issues including statutory damages, pattern and practice, actual damages, causation. Such issues commonly are raised by defendants in mortgage servicing cases. Additional case citations and explanation on these issues are contained in NCLC's Mortgage Servicing and Loan Modifications.

Brief Regarding Statutory Authority for RESPA loss mitigation rules. Brief explains the statutory authority for the RESPA Regulation X loss mitigation and QWR rules and explains that certain case law predating the CFPB’s 2014 rule is now outdated. Case litigated by Phillip Robinson, Consumer Law Center LLC.

Complaint involving RESPA claims for failure to correct a servicing error related to payment application issues. The case was litigated by Phillip Robinson, Consumer Law Center LLC. 

Complaint regarding loss mitigation rule violations; failure to get to a complete application, failure to timely evaluate a complete application. Sample based on a complaint crafted by Legal Services of South Central Michigan.

Complaint alleging that an algorithm-based tenant screening system had a disparate impact in violation of the Fair Housing Act, Massachusetts Consumer Protection Law, and Massachusetts General Laws

Statement of Interest of the United States in matter alleging that an algorithm-based tenant screening system had a disparate impact in violation of the Fair Housing Act, Massachusetts Consumer Protection Law, and Massachusetts General Laws.

This is a sample of a letter typically sent at the beginning of litigation, or pre-litigation, advising the Defendant to preserve all relevant documents and electronic records. This ESI preservation letter is related to Notices of Error sent to the servicer. Letter drafted by Thomas Cox. 

Sample discovery requests in a case involving failure to respond to a QWR asking for the identity of the loan holder. Case litigated by Sarah Mancini, Atlanta Legal Aid.

Sample discovery requests in a case involving failure to respond to a QWR asking for the identity of the loan holder. Case litigated by Sarah Mancini, Atlanta Legal Aid. 
 

Sample discovery requests in a case involving failure to respond to a QWR asking for the identity of the loan holder. Case litigated by Sarah Mancini, Atlanta Legal Aid. 
 

Sample discovery requests from a case involving failure to properly apply payments and failure to provide a timely and accurate payoff quote. Case litigated by Rachel Scott, Atlanta Legal Aid. 
 

This is a class action against the City of Cleveland for various discriminatory and abusive practices concerning water pricing, termination of service, and turning water delinquencies into tax liens and tax takings, including claims under the FHA, due process, and state law.

Plaintiff alleges that it did not agree to Security Procedures of bank sufficient to shift liability for unauthorized wire transfers.

Consumer liability for unauthorized transfers under California UCC Article 4A. Consumer alleges that bank failed to establish and/or follow a commercially reasonable security procedure.

Consumer liability for unauthorized transfers under Virginia UCC Article 4A. Consumer alleges that it did not agree to any security procedure sufficient to shift liability to consumer.

This is a class action complaint against a debt settlement organization that used the attorney model. It alleges common law fraud, violation of the Illinois Consumer Fraud Act, unjust enrichment, violation of the Illinois Rules of Professional Conduct (for attorneys), and the Illinois Debt Settlement Consumer Protection Act. The facts of the complaint provide an extensive description of how debt settlement operators attempt to evade laws regulating debt relief services by attempting to use attorneys as a front for their operations.

Defendants’ Consolidated Opposition to Motions for Intervention

This class action lawsuit presents a dispute between student loan borrowers and the U.S. Department of Education (“Department”) regarding the Department’s process for reviewing and adjudicating borrowers’ applications for the Department to relieve them of their loan repayment obligations based on the alleged misconduct of the schools they attended.

States have long used interest-rate caps to prevent predatory lending. In light of the comprehensive federal regulatory regime to which national banks are subject, Congress exempted them from compliance with state rate caps in the National Bank Act (“NBA”). 12 U.S.C. § 85 (allowing national banks to “take, receive, reserve, and charge” interest in excess of state law); see also 12 U.S.C. § 1463(g)(1) (same for federal savings associations).

This is a case about federal overreach. States have long used interest-rate caps to protect consumers, business owners, and scrupulous creditors from the harms of predatory lending. The Federal Deposit Insurance Act (“FDIA”) exempts federally insured, state-chartered banks and insured branches of foreign banks (“FDIC Banks”) from these caps.

1. Elevate is on online lender that operates through several websites, including www.risecredit.com, www.elastic.com, and www.elevate.com, to provide predatory, high-interest, short-term loans to consumers that it describes as individuals “with little to no savings, urgent credit needs and limited options.”