Articles Posted in Consumer Law

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The First Circuit affirmed in part, reversed in part, and vacated in part the district court’s entry of summary judgment in favor of American Honda Finance Corporation (Honda) on Plaintiff’s putative class action alleging that Honda violated Massachusetts consumer protection laws, holding that summary judgment was improper on some of Plaintiff’s claims. Plaintiff claimed that Honda afforded her inadequate loan-deficiency notifications after she fell behind on her automobile-loan payments. Because Plaintiff’s claims hinged entirely on questions of Massachusetts law, the First Circuit certified three questions to the Massachusetts Supreme Judicial Court (SJC). After the SJC issued an opinion responding to these questions and the parties filed supplemental briefs, the First Circuit issued this opinion. The Court held (1) Plaintiff’s challenge to the district court’s ruling that Honda sold her car for fair market value was waived; (2) the district court erred in finding that the post-repossession and post-sale notices Honda sent to Plaintiff complied with the requirements of Massachusetts law; and (3) therefore, entry of summary judgment on Plaintiff’s Mass. Gen. Laws ch. 106, 9-614 and 9-616 notice and Mass. Gen. Laws ch. 93A, 2(A) claims was improper. View "Williams v. American Honda Finance Corp." on Justia Law

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The First Circuit affirmed the district court’s grant of summary judgment to Defendant, the owner of the website on which Plaintiff found a tropical villa that did not exist, holding that the district court correctly applied Massachusetts consumer protection law and that Plaintiff’s remaining contentions on appeal were unavailing. Plaintiff was scammed into parting with thousands of dollars to reserve a imaginary vacation rental property in Belize. At the time, Defendant maintained a guarantee that offered a $1000 refund to customers that fell victim to “Internet Fraud.” In his complaint, Plaintiff alleged that the guarantee caused him to lose $46,565 by misleading him into believing that Defendant made reasonable efforts to keep fraudulent listings off its site and that Defendant was liable for common law fraud and for engaging in unfair or deceptive trade practices under Mass. Gen. Laws ch. 93A, 2(a). The district court decided against Plaintiff. The First Circuit affirmed, holding (1) the district court correctly found that the guarantee was not misleading or deceptive under Massachusetts law in the manner alleged by Plaintiff; and (2) nothing about the manner in which the district court proceeded in deciding the summary judgment motion caused Plaintiff any harm. View "Hiam v. Homeaway.com, Inc." on Justia Law

Posted in: Consumer Law

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The First Circuit affirmed the district court’s order dismissing a suit that challenged the lawfulness of a 2012 foreclosure sale of a Massachusetts home. In their complaint, Plaintiffs, who formerly owned the property at issue, alleged that Defendants - OneWest Bank, Indymac Mortgage Services, Ocwen Servicing, and the Federal National Mortgage Association - had engaged in unfair and predatory mortgage lending and loan servicing practices. The complaint set forth nine claims. The district court granted Defendants’ motion to dismiss all of the claims. The First Circuit affirmed, holding that the district court did not err in (1) dismissing three claims for which Plaintiffs sought a judgment declaring that the foreclosure sale was void; (2) dismissing for lack of standing the claim in which Plaintiffs sought to quiet title; (3) dismissing the claim for breach of the duty of good faith and reasonable diligence on the basis that there was no such duty; and (4) dismissing Plaintiffs’ remaining claims. View "Flores v. OneWest Bank, F.S.B." on Justia Law

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In these consolidated appeals, the First Circuit affirmed the district court’s decision to (1) dismiss Plaintiffs’ claims under Massachusetts law for libel and intentional interference with prospective contractual relations, (2) bar portions of Plaintiffs’ Mass. Gen. Laws ch. 93A claim from going forward, and (3) award attorney’s fees and costs to Defendant. These consolidated appeals concerned a lawsuit that involved a number of claims arising under federal copyright law, state tort law, and chapter 93A. Defendant operated a website called RipoffReport.com. Plaintiffs were a Massachusetts attorney, a corporate entity that the attorney created, and Christian DuPont. Plaintiffs’ claims pertained to a dispute arising from two reports that DuPont authored and posted on the Ripoff Report and that were highly critical of the attorney. The First Circuit affirmed the district court’s partial grant of Defendant’s motion to dismiss, the district court’s grant of summary judgment in favor of Defendant, and the district court’s fees award order for the reasons stated above. View "Small Justice LLC v. Xcentric Ventures LLC" on Justia Law

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The First Circuit affirmed the district judge’s dismissal of Plaintiff’s eight-count complaint. Plaintiff filed his complaint in state court against the servicers, holders, and assignees of his mortgage loan. Relevant to this appeal was count one, a claim predicated on the Massachusetts Predatory Home Loan Practices Act, Mass. Gen. Laws ch. 183C. The matter was removed to federal court, which dismissed the complaint in its entirety. The First Circuit held (1) Plaintiff’s chapter 183C was time-barred, and Plaintiff presented no reason to toll the applicable statute of limitations; and (2) the trial justice did not err in denying Plaintiff leave to amend his complaint because the amended complaint would fail to state a claim upon which relief could be granted. View "Rife v. One West Bank, F.S.B." on Justia Law

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The First Circuit affirmed a judgment entered by the district court against Hylas Yachts, LLC and in favor of Plaintiffs in the amount of $663,774 plus interest and costs in this case alleging numerous defects in a brand-new yacht that Hylas custom built and sold to Plaintiffs. The court held (1) the trial court did not abuse its discretion in allowing Plaintiffs to offer their evidence of damages for the jury’s evaluation; (2) the district court was not required to dismiss the case or give an adverse-inference instruction concerning spoliation of evidence; (3) the district court did not err in dismissing Hylas’s indemnification claim against the boom supplier; (4) there was no error in the jury instructions; (5) the jury’s verdict was not inconsistent; and (6) Plaintiffs were not entitled as a matter of law to multiple damages and attorneys’ fees under Massachusetts state law. View "Sharp v. Hylas Yachts, LLC" on Justia Law

Posted in: Consumer Law, Contracts

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The First Circuit affirmed the district court’s dismissal of Plaintiff’s claims against Kohl’s Department Stores, Inc. alleging that the “comparison prices” on Kohl’s price tags were entirely fictional and selected to mislead consumers about the quality of the products sold by Kohl’s. Plaintiff filed suit alleging that Kohl’s had improperly obtained money from her and other Massachusetts consumers in violation of Massachusetts statutory and common law. Plaintiff requested that a court order Kohl’s to restore this money and enjoin the store from continuing to violate Massachusetts law. The First Circuit (1) affirmed the dismissal of Plaintiff’s claims for damages and injunctive relief and her common law claims for fraud, breach of contract, and unjust enrichment for the reasons stated in Shaulis v. Nordstrom, Inc., No. 15-2354, slip op. at 5-32 (1st Cir. July 26, 2017), also decided today; and (2) affirmed the district court’s denial of Plaintiff’s motion for leave to file a second amended complaint, holding that the district court did not err in denying the motion. View "Mulder v. Kohl's Department Stores, Inc." on Justia Law

Posted in: Consumer Law, Contracts

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The First Circuit affirmed the district court’s motion to dismiss Plaintiff’s complaint against Nordstrom, Inc. alleging that Nordstrom had improperly obtained money from her and other Massachusetts consumers and requesting that a court order Nordstrom to restore this money and enjoin Nordstrom from continuing to violate Massachusetts law. Plaintiff’s claims were based on her purchase of a cardigan sweater for $49.97 at a Nordstrom Rack outlet store in Boston, Massachusetts. The sweater’s price tag listed both the purchase price and a higher “Compare At” price of $218. Plaintiff claimed that the sweater was never sold for $218 but, rather, that Nordstrom uses the “Compare At” price tags to mislead consumers about the quality of its items. On appeal, Plaintiff challenged the dismissal of her Mass. Gen. Laws ch. 93A claim and her common law claims for fraud, breach of contract, and unjust enrichment. The First Circuit affirmed, holding (1) because Plaintiff did not adequately allege that she suffered a legally cognizable injury, her Chapter 93A claims for damages and injunctive relief were both properly dismissed; and (2) the district court did not err in dismissing Plaintiff’s remaining claims. View "Shaulis v. Nordstrom, Inc." on Justia Law

Posted in: Consumer Law, Contracts

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Plaintiff defaulted after Defendant loaned Plaintiff money to buy a car. Defendant repossessed the vehicle and sent Plaintiff two notices in connection with its efforts to sell the car and collect any deficiency owed on the loan - a pre-sale notice and a post-sale notice. Plaintiff filed this putative class action claiming that the two notices violated the Uniform Commercial Code and Massachusetts consumer protection laws. Even though the parties did not request it, the First Circuit certified three questions to the Massachusetts Supreme Judicial Court because the outcome of this case hinged entirely on questions of Massachusetts law that Massachusetts courts have not yet addressed. View "Williams v. American Honda Finance Corp." on Justia Law

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This dispute between two businesses led to Plaintiff filing suit in federal court alleging various claims under Massachusetts law, two of which remained at issue on appeal. Those two claims were for breach of implied contract and violation of the Massachusetts catch-all consumer protection statute, Mass. Gen. Laws ch. 93A. The district court denied Defendant’s motion for judgment as a matter of law on Plaintiff’s implied contract claims and on its chapter 93A claims. The jury found Defendant liable for breach of implied contract and for knowing and willful violation of chapter 93A. The First Circuit affirmed, holding (1) the evidence in the record was sufficient to sustain the jury’s verdict; and (2) Defendant offered no meritorious argument for why the district court erred in submitting Plaintiff’s chapter 93A claim for damages to a jury in federal court. View "Full Spectrum Software, Inc. v. Forte Automation Systems, Inc." on Justia Law

Posted in: Consumer Law, Contracts