Justia Consumer Law Opinion Summaries

Articles Posted in Supreme Court of Virginia
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The Supreme Court affirmed the judgment of the circuit court concluding that Plaintiff lacked standing to enforce the "midnight deadline" rule set forth in section 4-302 of the Uniform Commercial Code (UCC), as adopted by Va. Code 8.4-302 and W. Va. Code 46-4-302, holding that there was no error.In her second amended complaint, Plaintiff alleged that MCNB Bank and Trust Company (MCNB) violated the midnight deadline rule adopted from the UCC and, therefore, MCNB was strictly liable for the payment of a check in the amount of $245,271.25. The circuit court granted summary judgment for MCNB, concluding that Plaintiff lacked standing to pursue her claim because she did not have any right to rely on the prompt payment of the check at issue. The Supreme Court affirmed, holding that the circuit court did not err when it granted MCNB’s motion for summary judgment based on Plaintiff's alleged lack of standing to enforce the midnight deadline rule. View "Stahl v. Stitt" on Justia Law

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The Supreme Court affirmed the judgment of the circuit court refusing to enforce arbitration agreements between NC Financial Solutions of Utah, LLC (NCFS-Utah) and the individual consumers who were affected by alleged violations of the Virginia Consumer Protection Act (VCPA), Va. Code 59.1-196-59.1-207, holding that the circuit court did not err.The Attorney General, acting on behalf of the Commonwealth, filed this action against NCFS-Utah to enforce the provisions of the VCPA. The complaint requested injunctive relief, civil penalties, and awards of attorney's fees, costs, and reasonable expenses. NCFS-Utah filed a motion to dismiss, arguing that the individual Virginia consumers had agreed to arbitrate any disputes arising from the loans at issue. The circuit court denied the motion, concluding that the Commonwealth was not bound by the arbitration agreements between NCFS-Utah and the Virginia consumers. The Supreme Court affirmed, holding that sections 59.1-203 and 59.1-205, read together, implicitly authorize the Attorney General to request a restitution award when pursuing a VCPA enforcement action on behalf of the Commonwealth. View "NC Financial Solutions of Utah, LLC v. Commonwealth" on Justia Law