Justia Consumer Law Opinion Summaries

Articles Posted in Supreme Court of Indiana
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The Supreme Court affirmed in part and reversed in part the judgment of the trial court denying Hoosier Contractors, LLC's motion for summary judgment, denying Sean Gardner's motion for partial summary judgment, and denying Hoosier's motion to decertify a class of Hoosier's similarly situated customers, holding that Gardner, on behalf of himself and as class representative, lacked standing to bring his counterclaim against Hoosier.When Gardner asked Hoosier to inspect the roof of his home Hoosier made Gardner sign a contract for Hoosier to perform any needed work. When Gardner refused to let Hoosier repair his roof Hoosier brought this action for breach of contract. Gardner filed a counterclaim, on behalf of himself and a class of similarly situated customers, alleging that the contract violated the Indiana Home Improvement Contractors Act and that the violations were deceptive acts under the Indiana Deceptive Consumer Sales Act. The Supreme Court held (1) Gardner lacked standing to bring his counterclaim against Hoosier, and this disposition mooted the class-action issues; and (2) the court of appeals properly affirmed the denial of Gardner's motion for partial summary judgment as to Hoosier's breach of contract claim. View "Hoosier Contractors, LLC v. Gardner" on Justia Law

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The State brought this civil action against Consumer Attorney Services, P.A., The McCann Law Group, LLP, and Brenda McCann (collectively, Defendants), alleging that Defendants’ conduct violated four Indiana consumer protection statutes: the Credit Services Organizations Act (CSOA), the Mortgage Rescue Protection Fraud Act (MRPFA), the Home Loan Practices Act (HLPA), and the Deceptive Consumer Sales Act (DCSA). Defendants filed a motion for summary judgment, asserting that they were statutorily exempted from liability. The trial court denied the motion. The Supreme Court affirmed, holding that neither the CSOA, the MRPFA, the HLPA, nor the DCSA provides an exemption for law firms. View "Consumer Attorney Services, P.A. v. State" on Justia Law