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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 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.

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.

Breen v. Midfirst Bank, D. Conn., Complaint May 2024  application of payments, escrow, UDAP, related Reg. X, and breach of contract. Lorraine Martinez Conn. Fair Housing

Tremalgio v. PHH Corp., D. Conn. April 2023.  Complaint.  Loss mitigation-related UDAP, RESPA, harm related to implementation of loan modification  Jeff Gentes

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. 
 

Homeowner’s discovery requests (combined interrogatories and document requests) to defendant servicer. Loss mitigation, fees, property inspections. Jeff Gentes.  

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. 

Memorandum in opposition to motion to strike counterclaim in judicial foreclosure, arguing misconduct in implementing HAMP, claims for breach of contract, promissory estoppel, negligence, negligent infliction of emotional distress, and UDAP.  Bank of America v Izzo CT Superior Court April 2015.

Mishandling of loan modification implementation: RESPA NOE, pattern and practice, breach of contract, breach of covenant of good faith and fair dealing. Javier Merino.  

Complaint.  Loss mitigation, trial plan and modification implementation. RESPA (NOE & RFI), UDAP, breach of contract, covenant of good faith and fair dealing, specific allegations of harm.  Javier Merino

Mishandling of modification, escrow disputes, deferral transition.  RESPA NOE.  Javier Merino.

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.

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. 

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 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. 
 

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.