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Flitter Milz represents people with a variety of problems involving consumer credit and collections. If you have a particular question or believe your consumer rights have been violated, Contact Us for a no cost consultation.

Consumer Law Success at Pennsylvania’s Supreme Court

 

Dwyer v. Ameriprise Financial

On April 25, 2024, the Supreme Court issued a precedential opinion in Dwyer v. Ameriprise Financial siding with the consumer Plaintiffs, affirming the broad remedial nature of Pennsylvania’s flagship consumer protection law, the Unfair Trade Practices and Consumer Protection Law (UTPCPL).

Liberal Damages Award under UTPCPL

The Supreme Court held that the trial court could not use a jury’s common-law punitive damages award or the award of statutory attorney fees to limit the availability of treble (triple) damages under the UTPCPL.  Rather than being interchangeable with punitive damages, treble damages under the UTPCPL are a separate remedy available to consumers wholly independent of any entitlement to punitive damages or attorney fees.

The Court reiterated the UTPCPL’s purpose “to benefit the public at large by eradicating” unfair acts and practices and the Act must be read “liberally to effect its object of preventing unfair or deceptive practices.”

Amicus Brief Authors

Flitter Milz, PC attorneys Cary Flitter, Andy Milz and Jody Lopez-Jacobs, along with Community Legal Services of Philadelphia and other top consumer rights law firms co-authored an amicus brief in the Pennsylvania Supreme Court on behalf of the National Consumer Law Center, the National Association of Consumer Advocates and various legal aid organizations. This “friend of the court” brief called on the Court, “once again, to protect the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. §§ 201-1 to 201-9.2 (“UTPCPL”), from narrow, restrictive interpretations that deny consumers the full scope of the remedial relief mandated by the statute.”

“It’s good to see the Court reiterate the importance of a strong consumer protection law to allow consumers to level the playing field when dealing with big business,” said FlitterMilz.

This same group of consumer attorneys co-authored a successful amicus brief in an earlier Supreme Court decision, Gregg v. Ameriprise, in which the Pennsylvania Supreme Court ruled that a Consumer Protection Law claim built on “deceptive” conduct need not prove the intent of the merchant who made the deceptive statement.  Both cases from the Pa Supreme Court move the state’s consumer protection law in the right direction for consumers.

 

Flitter Milz Wins Again Against the Credit Bureaus

Federal court in Philadelphia rules TransUnion must go to trial

On April 11, 2023, the United State District Court for the Eastern District of Pennsylvania ruled that a class action case on behalf of consumers against TransUnion may proceed to trial for failing to investigate consumer disputes.

In Norman v. TransUnion, Flitter Milz client Duane Norman alleges that TransUnion failed to investigate his two disputes of an inquiry made on his credit report without permission. As well, he claims that TransUnion, as a company practice, chooses to not investigate disputed inquiries which is in violation of the Fair Credit Reporting Act (FCRA).

In August 2020, the Court decided that Mr. Norman’s case should proceed as a class action for all other consumers across the country who disputed inquiries to TransUnion, only to have TransUnion do nothing in response to their disputes.

In Tuesday’s opinion, the court denied TransUnion’s motion to have the case thrown out on summary judgment before trial.  The court found that there was enough evidence that TransUnion acted willfully in violation of the FCRA, and that the class of consumers represented by our firm can proceed with their claims for punitive damages at trial.

The court reiterated that inquiries (notations on your credit report that show you applied for credit) can be disputed by consumers and TransUnion is obligated by law to investigate those disputes.

Seek Help from a Fair Credit Reporting Lawyer

If you have an inquiry you don’t recognize on your credit report, you should dispute it and request that the credit bureau perform an investigation of your dispute.  If they do not, you may have a case!

Flitter Milz attorneys are nationally recognized consumer protection lawyers with the experience to evaluate your credit reporting problems.

To provide a no cost legal evaluation, we will request a current copy of your credit report coming directly from each of the three main bureaus — Transunion, Experian and Equifax.  As well, we will need documents supporting your claim.

CLICK HERE:  Learn how to Dispute Credit Report Errors Effectively

Pictured above:  Flitter Milz Attorneys
Cary Flitter (center), Andy Milz (left), Jody López-Jacobs (right)