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 or Deceptive
Borrowers' allegations that a mortgage lender delayed and
obstructed borrowers from attempting to modify their loan under the
Home Affordable Modification Program (HAMP) through
misrepresentations were sufficient to state a claim for unfair and
deceptive conduct under Massachusetts' UDAP statute. Beck
v. Bank of New York Mellon Corp., United States District Court
for the District of Massachusetts.
A debt collector's communication to debtors was not unfair
and deceptive in violation of the Fair Debt Collection Practices
Act (FDCPA), where the debt collector sent communications to the
debtors after notification that the debtors were represented by
counsel. The communications were in
