Justia Consumer Law Opinion Summaries

Midland Funding LLC filed suit against Mark Walton alleging that he had entered into a credit card agreement with Barclays Bank Delaware, used the card to obtain extensions of credit, and failed to make payments on the account. Midland purchases debt from Barclays. Midland sought to collect an outstanding balance of $5,684.72. After a trial, the district court entered judgment in favor of Midland in the amount of $5,684.72, plus costs. The Supreme Judicial Court affirmed the judgment, holding (1) jurisdiction over this matter was properly established in the district court; and (2) the district court did not err in admitting documentation of the assignment of Walton’s debt from Barclays to Midland pursuant to the business record exception to the hearsay rule. View "Midland Funding LLC v. Walton" on Justia Law

FIA Card Services, N.A. initiated this action against John Camire to recover damages arising out of a debt incurred using a Bank of America (Bank) credit card. Camire filed a counterclaim pursuant to the Fair Debt Collection Practices Act (FDCPA). Upon the motion of FIA Card Services, the trial court dismissed Camire’s counterclaim, concluding that FIA Card Services was exempt from liability pursuant to the FDCPA. The Bank was later substituted as the plaintiff. After a trial, the court entered a judgment in favor of the Bank in the amount of $11,573 plus costs. The Supreme Judicial Court affirmed the judgment in favor of the Bank but vacated the order dismissing Camire’s FDCPA counterclaim, holding (1) the trial court properly exercised its discretion in managing trial time, and no due process violation occurred; and (2) the trial court erred in concluding that FIA Card Services was exempt from the FDCPA as a matter of law. Remanded. View "Bank of America, N.A. v. Camire" on Justia Law

Camden National Bank filed a complaint for foreclosure against Ilene Weintraub. Weintraub brought several counterclaims against the bank, including violations of the Maine Consumer Credit Code, breach of contract, and a claim for intentional infliction of emotional distress, alleging that she suffered injuries as a direct and proximate result of the abuse conduct of the Bank’s collections department and an accusation of criminal conduct. The Bank filed a special motion to dismiss requesting dismissal of several claims based on Maine’s anti-SLAPP statute, but failing to request dismissal of the breach of contract claim. The superior court concluded that the anti-SLAPP statute prohibits selective dismissal of claims and that Weintraub met her burden of demonstrating a prima facie case of actual injury and causation. The Supreme Judicial Court affirmed, holding that the trial court (1) erred in holding that the anti-SLAPP statute did not allow for selective dismissal of some, but not all, of Weintraub’s counterclaims, but the error was harmless; and (2) did not err in concluding that Weintraub met her burden of showing prima facie evidence of causation. View "Camden Nat’l Bank v. Weintraub" on Justia Law