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Consumer Law Archives

Punitive damages under Fair Credit Reporting Act

In Saunders v. Equifax Info. Servs., LLC, the U.S. District Court for the Eastern District of Virginia recognized that the typical punitive damage analysis does not fit within the context of a Fair Credit Reporting Claim where the Plaintiff elects, and is awarded, statutory damages. The district court identified four factors consistent with the opinions of the Supreme Court, but reflecting the realities of a Fair Credit Reporting violation: (1) whether a plaintiff was financially vulnerable; (2) whether the conduct involved repeated actions or was an isolated incident; (3) whether there were factors mitigating the reprehensibility of the defendant's conduct; and whether the punitive damages award was properly based on an award of compensatory, as opposed to statutory, damages.

SIPL in Seattle: A Report on the National Consumer Law Conference

Recently, three associates and two partners from Surovell Isaacs Petersen & Levy PLC attended the National Consumer Law Conference in Seattle, Washington to learn about the latest developments in consumer law. The conference was a four-day opportunity that provided invaluable insights into a wide-range of consumer litigation topics including debt collection abuses, auto fraud, predatory lending, fair credit reporting, class action litigation, loss mitigation alternatives, foreclosure defenses, and more. Each of our attorneys attended sessions applicable to their consumer practice areas, and left Seattle with more creative ideas to help protect our clients from banks, debt collectors, homeowners' associations, credit report agencies, car dealers, and more. Although each session I attended was extremely helpful to my consumer practice areas, one session discussed a recent, unanimous opinion from the Supreme Court of Washington that should affect foreclosure laws throughout the country (and hopefully here in Virginia).

Consumer Rights Litigation at Surovell Isaacs Petersen & Levy

In 2010, Surovell Isaacs Petersen & Levy, PLC (SIPL) expanded its practice areas to include a focus on advocating for consumers throughout Virginia. Several federal and state laws allow our attorneys to represent you while recovering their fees and costs from your bank, credit bureau, car dealer or debt collector through "fee-shifting" statutes. These statutes are designed to level the playing field by empowering individuals who have been wronged and protecting communities. SIPL has always been a client-focused law firm. With our expansion into consumer law, we are pleased to be able to advocate for our clients in new ways. With two partners and three associates practicing consumer rights litigation, SIPL has your rights covered in federal and state courts throughout Virginia.

United States Fourth Circuit Court of Appeals Rules in Favor of Landowners on Interstate Land Sales Act Issues

Keith and Courtney Nahigian thought they were receiving a great deal back in the summer of 2007 when they purchased property in a Loudoun County community called Creighton Farms. Little did they know it was just the beginning of a five year litigation process that would make new law regarding land sales.

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