Justia U.S. 6th Circuit Court of Appeals Opinion SummariesArticles Posted in Consumer Law
Allan v. Pennsylvania Higher Education Assistance Agency
Wilson, with the help of co-signer Allan, took out a student loan serviced by PHEAA. The two submitted a written request for forbearance on the loan and, in doing so, consented to calls to their cell phones. In October 2013, however, both requested that PHEAA stop calling about the loan. Despite their requests, PHEAA called Allan 219 times and Wilson 134 times, after they revoked consent. They claim that those calls violated the Telephone Consumer Protection Act, 47 U.S.C. 227 (TCPA), which generally makes it a finable offense to use an automatic telephone dialing system (ATDS) to make unconsented-to calls or texts.The Sixth Circuit affirmed summary judgment in favor of the plaintiffs. Section 227(a) provides that a device that generates and dials random or sequential numbers qualifies as an ATDS. The Avaya system used by PHEAA dials from a stored list of numbers only. The court concluded that the plain text of section 227, read in its entirety, makes clear that devices that dial from a stored list of numbers are subject to the autodialer ban. View "Allan v. Pennsylvania Higher Education Assistance Agency" on Justia Law
Bates v. Green Farms Condominium Association
The Bateses lost their condominium through a nonjudicial foreclosure. They claim the condo complex’s management company and its law firm violated the Fair Debt Collection Practices Act, which generally defines “debt collectors” to cover parties who operate a “business the principal purpose of which is the collection of any debts” or who “regularly collect or attempt to collect” debts owed another, 15 U.S.C. 1692a(6). The Act contains a separate debt-collector definition for subsection 1692f(6), regulating parties who operate a “business the principal purpose of which is the enforcement of security interests.” General debt collectors must comply with all of the Act’s protections; security-interest enforcers need only comply with section 1692f(6). In 2019, the Supreme Court held (Obduskey) that parties who assist creditors with the nonjudicial foreclosure of a home fall within the separate definition, not the general one. Obduskey left open the possibility that these parties might engage in “other conduct” that would transform them from security interest enforcers into general debt collectors, subject to all of the Act’s regulations. The Sixth Circuit affirmed a judgment on the pleadings for the defendants. The Bateses’ complaint did not plead enough facts to take the defendants outside the separate definition for security-interest enforcers and bring them within the general debt-collector definition; there were almost no well-pleaded allegations about the principal business or regular activities of either. View "Bates v. Green Farms Condominium Association" on Justia Law
Twumasi-Ankrah v. Checkr, Inc.
Twumasi-Ankrah is an Uber driver. Uber requested a background check on Twumasi-Ankrah from, Checkr, a consumer reporting agency under the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681a(f). Checkr learned from the Ohio Bureau of Motor Vehicles that Twumasi-Ankrah had been involved in “accidents,” dated October 23, 2015; December 19, 2015; and February 10, 2017. Checkr gave this information to Uber, without further investigation, knowing that the Bureau reports all accidents that a driver is involved in, regardless of fault. Uber fired Twumasi-Ankrah, allegedly because it assumed Twumasi-Ankrah was responsible for the accidents. Twumasi-Ankrah sent Checkr a legal document adjudging him “not guilty” of the December 19, 2015 minor traffic offense and a police report treating him as the victim of the hit-and-run allegedly at issue on February 10, 2017. Twumasi-Ankrah’s requests for reconsideration went unheeded. Twumasi-Ankrah claimed that Checkr violated FCRA by failing to “follow reasonable procedures to assure [the] maximum possible accuracy” of its reporting. The district court dismissed, finding that Twumasi-Ankrah failed plausibly to allege that Checkr reported information that was literally “factually inaccurate.” The Sixth Circuit reversed and remanded. FCRA requires that credit reports be both accurate and not misleading. Taken as true, the complaint plausibly suggests that Checkr reported “misleading” information about Twumasi-Ankrah that could have been “expected to have an adverse effect.” View "Twumasi-Ankrah v. Checkr, Inc." on Justia Law
Posted in: Consumer Law
Nessel v. AmeriGas Partners. L.P.
Michigan filed suit, alleging that AmeriGas, Michigan's largest provider of residential propane, violated the Michigan Consumer Protection Act (MCPA). Section 10 of the MCPA, Mich. Comp. Laws 445.910, titled “class actions by attorney general,” 10 states that: The attorney general may bring a class action on behalf of persons residing in or injured in this state for the actual damages caused by any of the following: (a) A method, act or practice in trade or commerce defined as unlawful under section 3 [unfair, unconscionable, or deceptive methods, acts, or practices].AmeriGas removed the case to federal court, citing the Class Action Fairness Act (CAFA), 119 Stat. 4. The district court remanded to state court, finding that the lawsuit did not qualify as a “class action” because Section 10 “lacks the core requirements of typicality, commonality, adequacy, and numerosity that are necessary to certify a class under [Federal Rule of Civil Procedure] 23.” The Sixth Circuit affirmed. Section 10 is not a state statute “similar” to Rule 23 for purposes of CAFA removability, 28 U.S.C. 1332(d)(1)(B). The court declined “to effectively invalidate the Michigan Legislature’s determination that an Attorney General should be able to sue for injuries to consumers pursuant to Section 10.” View "Nessel v. AmeriGas Partners. L.P." on Justia Law
Cagayat v. United Collection Bureau, Inc.
Cagayat alleges that UCB sent her two consumer debt collection letters that “featured a large glassine window, through which a paper page with [Cagayat]’s name and address is visible.” Written on the inward side of the paper page inside the envelopes are the words “Collection Bureau.” According to Cagayat, those words “bleed through the paper page and are clearly visible . . . to the naked eye.” She claims that someone looking at the envelopes in normal lighting can clearly read, without unusual strain or effort, the message: “United Collection Bureau, Inc. Compliance Department.” Cagayat claims that her daughter saw the letters and recognized that a debt collector sent them. Cagayat sought damages under the Fair Debt Collection Practices Act, 15 U.S.C. 1692- 1692p, and the Ohio Consumer Sales Practices Act.The Third Circuit reversed the dismissal of the suit, finding that the exhibits Cagayat attached to her complaint (copies of the letters) do not utterly discredit the factual allegations central to her claim and that her factual allegations give rise to a plausible violation. Applying the least sophisticated consumer standard, the fact that the words “Collection Bureau” are upside-down and backward does not discredit Cagayat’s assertion that the language can be clearly read without unusual effort. View "Cagayat v. United Collection Bureau, Inc." on Justia Law
Posted in: Consumer Law
VanderKodde v. Mary Jane M. Elliott, P.C.
Defendants bought consumer debts. Collection proceedings in Michigan state court suit resulted in a judgment against each plaintiff. The defendants employed Michigan’s simplified post-judgment garnishment procedure. None of the debtors timely objected. The rate of post-judgment interest “is calculated on the entire amount of the money judgment, including attorney fees and other costs,” using a complex formula. The Michigan Department of Treasury’s website lists every judgment interest rate calculated using this method. During the 11-year period at issue, it reached a peak of 4.033% and a valley of 0.687%. The plaintiffs’ debts were, instead, subjected to a rate of 13%, the maximum interest rate allowed for a judgment “rendered on a written instrument evidencing indebtedness with a specified [or variable] interest rate” although the underlying default judgments specify that they are “not based on a note or other written evidence of indebtedness,” and none of the judgments include any supporting written instrument.The plaintiffs alleged that using the 13% rate was improper and filed a federal suit under the Fair Debt Collection Practices Act, 15 U.S.C. 1692, and the Michigan Collection Practices Act. The Sixth Circuit reversed the dismissal of the debtors’ suit. The suit “is not the rare one" subject to the Rooker-Feldman doctrine, under which federal courts are prohibited from reviewing appeals of state-court decisions. The plaintiffs' injuries stemmed from the defendant’s conduct, not the state-court judgment. View "VanderKodde v. Mary Jane M. Elliott, P.C." on Justia Law
Van Hoven v. Buckles & Buckles, P.L.C.
Van Hoven, a Michigan attorney, defaulted on a credit card debt. The Buckles law firm, collecting the debt, won a state court lawsuit. Van Hoven did not pay. Buckles filed four requests for writs of garnishment. Van Hoven says those requests violated the Michigan Court Rules by including the costs of the request ($15 filing fee) in the amount due and, in later requests, adding the costs of prior failed garnishments. Van Hoven filed a class-action lawsuit under the Fair Debt Collection Practices Act, which prohibits debt collectors from making false statements in their dunning demands, 15 U.S.C. 1692e. Years later, after “Stalingrad litigation” tactics, discovery sanctions, and professional misconduct allegations, Van Hoven won. The court awarded 168 class members $3,662 in damages. Van Hoven’s attorneys won $186,680 in attorney’s fees.The Sixth Circuit vacated. When Buckles asked for all total costs, including those of any garnishment request to date, it did not make a “false, deceptive, or misleading representation.” It was a reasonable request at the time and likely reflected the best interpretation of the Michigan Rules. The court remanded for determinations of whether Buckles made “bona fide” mistakes of fact in including certain costs of prior failed garnishments and whether its procedure for preventing such mistakes suffices. In some instances, Buckles included the costs of garnishments that failed because the garnishee did not hold any property subject to garnishment or was not the debtor’s employer. View "Van Hoven v. Buckles & Buckles, P.L.C." on Justia Law
Buchholz v. Meyer Njus Tanick, PA
Buchholz received two letters about overdue payments he owed on credit accounts. The letters came from MNT law firm, on MNT’s letterhead. Each referred to a specific account but the content is identical except for information regarding that specific account. MNT attorney Harms signed both letters; Buchholz alleges that MNT must have inserted “some sort of pre-populated or stock signature.” The letters do not threaten legal action but purport to be communications from a debt collector and explain that MNT has been retained to collect the above-referenced debts. Buchholz alleges that he felt anxiety that he would be subjected to legal action if prompt payment was not made and sued under the Fair Debt Collection Practices Act, 15 U.S.C. 1692e, e(3), and e(10), asserting that MNT processes such a high volume of debt-collection letters that MNT attorneys cannot engage in meaningful review of the underlying accounts. The Sixth Circuit affirmed the dismissal of the complaint for lack of standing. Buchholz has shown no injury-in-fact that is traceable to MNT’s challenged conduct. Buchholz’s allegation of anxiety falls short of the injury-in-fact requirement; it amounts to an allegation of fear of something that may or may not occur in the future. Buchholz is anxious about the consequences of his decision to not pay the debts that he does not dispute he owes; if the plaintiff caused his own injury, he cannot draw a connection between that injury and the defendant’s conduct. View "Buchholz v. Meyer Njus Tanick, PA" on Justia Law
Mosley v. Kohl’s Department Stores, Inc.
In 2018, Mosley visited the Kohl’s stores in Northville and Novi, Michigan and encountered architectural barriers to access by wheelchair users in their restrooms. He sought declaratory and injunctive relief under the Americans with Disabilities Act (ADA) provisions governing public accommodations, claiming that Kohl’s denied him “full and equal access and enjoyment of the services, goods and amenities due to barriers ... and a failure . . . to make reasonable accommodations,” 42 U.S.C. 12182. According to the district court, Mosley has filed similar lawsuits throughout the country. A resident of Arizona, Mosley “has family and friends that reside in the Detroit area whom he tries to visit at least annually.” Mosley, a musician, had scheduled visits to “southeast Michigan” in September and October 2018. He is planning to visit his family in Detroit in November 2018. He stated that he would return to the stores if they were modified to be ADA-compliant. The district court dismissed the suit for lack of standing. The Sixth Circuit reversed and remanded. Mosley has sufficiently alleged a concrete and particularized past injury and has sufficiently alleged a real and immediate threat of future injury. Plaintiffs are not required to provide a definitive plan for returning to the accommodation itself to establish a threat of future injury, nor need they have visited the accommodation more than once. View "Mosley v. Kohl's Department Stores, Inc." on Justia Law
Kenneth Chapman v. Tristar Products, Inc.
Plaintiffs sued, claiming that certain Tristar pressure cookers had defective lids that could come open while the cookers were in use, exposing the user to possible injury. The district court certified three separate state classes for trial: Ohio, Pennsylvania, and Colorado. During a trial recess, the parties agreed to a settlement with a nationwide class. The parties agreed to the principal amount but, with Tristar’s agreement not to dispute an award at or below $2.5 million, deferred determination of attorneys’ fees. Class members would receive a coupon to purchase a different Tristar product and a warranty extension. The court calculated the value of the coupons and warranty extensions as $1,020,985 and approved attorneys’ fees of $1,980,382.59. At a fairness hearing, Arizona made its first appearance, arguing as amicus, along with the U.S. Department of Justice, that the settlement was unfair because of the division between the principal settlement and attorneys’ fees. None of the class joined in objections to the settlement. The court indicated that it would approve the settlement. Before the court issued its order, Arizona sought to officially intervene under either Rule 24(a) Rule 24(b). The court rejected each of Arizona’s requests for lack of Article III standing. The Sixth Circuit dismissed an appeal, rejecting the state’s arguments that it had standing under the parens patriae doctrine, under the Class Action Fairness Act, 28 U.S.C. 1715, and because it has a participatory interest as a “repeat player.” View "Kenneth Chapman v. Tristar Products, Inc." on Justia Law