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ARTICLE · 12 JANUARY 2015

UDAAP Council Weekly UDAAP Standards Report - 1/07/2015

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Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims.

United StatesFinance and Banking
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Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims.

In an effort to illuminate the UDAAP standards, below is a sampling of some of this week's UDAAP decisions on the meaning of unfair, deceptive, and abusive.

Unfair

  • A violation of the Fair Debt Collection Practices Act is a per se violation of Massachusetts' UDAP statute (Chapter 93A). McDermott v. Marcus, Errico, Emmer & Brooks, P.C., United States Court of Appeals for the First Circuit.
  • A borrower stated a claim for unfair practices under Washington's Consumer Protection Act where he alleged that his mortgage lender accepted a deed in lieu of foreclosure with a set date for him to vacate the mortgaged property, but then entered the property and removed his belongings prior to that date. Elmore v. Bank of America, N.A., United States District Court for the Eastern District of Washington.

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