UDAAP Council Weekly UDAAP Standards Report - 4/22/2015

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 plaintiff failed to state a claim against a mortgage lender, where she alleged that the lender violated California's UDAP statute when it refused to provide her with information regarding a deceased borrower's debt, and instead declared a default and initiated foreclosure. While the court agreed that the plaintiff should have been given information by the lender, she failed to establish standing to assert a claim for relief because she did not allege she was the executor of the borrower's estate. Ward v. Wells Fargo Home Mortgage, Inc., United States District Court for the Northern District of California.