UDAP
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 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.
Tremalgio v. PHH Corp., D. Conn. April 2023. Complaint. Loss mitigation-related UDAP, RESPA, harm related to implementation of loan modification Jeff Gentes
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
Adversary proceeding objecting to bankruptcy proof of claim, Bankr. D. Mass. 2021 by Roger Bertling Harvard Legal Clinic,
Claims focused on origination. Seeks recoupment and set off to deny or reduce creditor claim. 2005 80/20 loan. Payments exceeded borrower income, no underwriting. Claims: (1) UDAP; (2) breach of covenant of good faith and fair dealing focused on foreclosing unconscionable loan without loss mitigation; (3) unconscionability.
First Amended Complaint dated July 17, 2017, E.D. Pa. by Joanne Werdel Community Legal Services Phila.
Jury instructions, UDAP and RESPA claims. MD trial court undated Shankle v Ocwen Servicing
Memorandum in Opposition to Motion to Dismiss Complaint: RESPA loss mitigation, RFI, and NOE rules, negligence, UDAP Tanasi v Citimortgage D. Conn. Oct. 2016 TANASI and Tanasi, Plaintiffs, v. CITIMORTGAGE, INC. and M&T Bank, as Successor by Merger to Hudson City Savings Bank, N.A., Defendant., 2016 WL 11048311 (D.Conn.)
RESPA, UDAP, negligence (RESPA servicing dismissed) Jeff Gentes