UDAAP Council Weekly UDAAP Standards Report - 2/25/2015

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Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims. In an effort to illuminate the UDAAP standards, below is a sampling of some of this week’s UDAAP decisions on the meaning of unfair, deceptive, and abusive.

Unfair

  • Debtors adequately stated a claim under the Florida Consumer Collection Practices Act (FCCPA) for alleged unfair and abusive debt collection practices by a timeshare creditor and its debt collector agent. The defendants moved to dismiss the complaint for failing to adequately allege abusive or harassing behavior. The court held that the frequency of defendants’ calls from an automatic dialing system (averaging 2.5 calls a day), coupled with debtors’ requests to cease communications, was sufficient to state a claim. Mangiaracina v. Orange Lake Country Club, Inc., United States District Court for the Middle District of Florida.

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UDAAP Council Weekly UDAAP Standards Report - 2/4/2015

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Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims. In an effort to illuminate the UDAAP standards, below is a sampling of some of this week’s UDAAP decisions on the meaning of unfair, deceptive, and abusive.

Unfair

  • A plaintiff’s claim that a debt collector violated the Fair Debt Collection Practices Act by attempting to collect a debt that had been discharged in bankruptcy was preempted by the Bankruptcy Code’s protections of debtors against violation of a discharge injunction. Garfield v. Ocwen Loan Servicing, LLC, United States District Court for the Western District of New York.

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State AGs Take Sides as U.S. Supreme Court Hears Housing Discrimination Case

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On January 21st, the U.S. Supreme Court will hear argument in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, on the question of whether disparate impact claims for discrimination are recognized under the Fair Housing Act (FHA). The third time may be the charm as the Supreme Court has twice dismissed recent cases on this question prior to oral argument due to settlements. Continue reading this entry

The Supreme Court Hears Case Regarding Private Enforcement of the Medicaid Act Against States

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On Tuesday, January 20, 2015, the U.S. Supreme Court will hear oral argument in a significant Medicaid-preemption case from the Ninth Circuit, Exceptional Child Center, Inc. v. Armstrong. In that case, Medicaid-participating health care facilities in Idaho sued the state’s Department of Health and Welfare officials for failure to properly reimburse the providers for their costs under the Medicaid Act. The providers argue that Idaho’s low reimbursement rates violated Section 30(A) of the Medicaid Act, which requires states to reimburse providers at the rates that are “consistent with efficiency, economy, and quality of care and are sufficient to enlist enough providers.” 42 U.S.C. § 1396a(a)(30(A). Continue reading this entry

UDAAP Council Weekly UDAAP Standards Report - 1/14/2015

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Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims.

In an effort to illuminate the UDAAP standards, below is a sampling of some of this week’s UDAAP decisions on the meaning of unfair, deceptive, and abusive.

Deceptive

  • A mortgage lender was entitled to judgment in its favor on borrowers’ claims that it engaged in deceptive practices in violation of Nevada’s Deceptive Trade Practices Act. The borrowers’ allegations that the lender failed to disclose deferred interest and negative amortization of their adjustable rate mortgage loan failed given provisions in the loan documents disclosing the potential for such charges. Tennier v. Wells Fargo Bank, N.A., United States District Court for the District of Nevada. Continue reading this entry