Pleadings and Discovery

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 2024 brief reviews the requirements of the federal E-Sign Act, and argues that it precludes oral consent from meeting the requirement of prior express written consent.  It also rebuts the caller's claim that the consumer's alleged oral consent to receive calls met the requirement of the FCC's regulations that an agreement to receive calls be signed by the consumer. 

Class action complaint against Navy Federal Credit Union, the country’s largest credit union, following a CNN report demonstrating a sharp disparity between approval rates for White mortgage applicants as compared to Hispanic and Black applicants.  While the complaint does not directly allege redlining practices, it does claim that the credit union violated the ECOA, the FHA, and section 1981 of the federal Civil Rights Act by engaging in “systematic discrimination in housing, in violation of federal law.”

Declaration of Richard Dubois, Proposed Cy Pres Recipient

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

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

First Amended Complaint for Wrongful Foreclosure,  E.D. Cal. filed Jan. 25, 2021, by Evan Livingstone, Calif. Rural Legal Assistance. Home already foreclosed and sold to bona fide purchaser, action for damages only. Franklin is servicer for Wilmington. Notice of default and notice of sale did not list correct amount due on second mortgage. Six claims: (1) breach of contract against Wilmington.

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