Articles Posted in Consumer Law

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Plaintiffs obtained loans from Defendant, a bank. Plaintiffs later, on behalf of themselves and all those similarly situated, filed a complaint alleging that Defendant's loan transactions violated North Carolina's unfair and deceptive practices statute. Specifically, Plaintiffs alleged that they paid loan discount fees but did not receive discounted loans and that the fees they were charged in connection with origination of their loans were unnecessary and unreasonable. The trial court granted partial summary judgment for Plaintiffs on their loan discount claims and excessive pricing claims under N.C. Gen. Stat. 75-1.1. The court of appeals affirmed entry of summary judgment on Plaintiffs' loan discount claims but reversed the grant of summary judgment on the excessive fees claims. The Supreme Court reversed, holding (1) issues of material fact existed in regards to Plaintiffs' loan discount claims; and (2) Plaintiffs' excessive pricing claims were not recognized by section 75-1.1. Remanded. View "Bumpers v. Cmty. Bank of N. Va." on Justia Law

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Plaintiff, medical center, sued Defendant, former patient, seeking to recover the value of medical services Plaintiff provided Defendant while he was admitted to its medical center. Plaintiff moved for summary judgment against Defendant in the amount of $14,419 for the medical care he had received, supporting its contention it should receive that amount by submitting several affidavits. The trial court entered summary judgment for Plaintiff on the issue of damages. The court of appeals reversed, stating that although Defendant did not contest liability, an issue of material fact remained on the amount owed. The Supreme Court reversed, holding (1) the medical center's affidavits from its employees that stated the amount of its bill and asserted the amount was reasonable were minimally sufficient of its right to payment; and (2) the patient's affidavit illustrating the differences between the retail price of, and the amount charged by the medical center for, certain medications failed to show that an issue of material fact remained for trial. View "Charlotte-Mecklenburg Hosp. Auth. v Talford" on Justia Law

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In this appeal the Supreme Court considered whether the clerk of superior court had the authority to determine the reasonableness of attorney's fees that a trustee-attorney in a foreclosure proceeding paid to himself in addition to his trustee's commission. The superior court affirmed the clerk's order. The court of appeals vacated the clerk's and trial court's orders, holding that the clerk lacked the statutory authority to determine the reasonableness of attorney's fees paid in a foreclosure proceeding. The Supreme Court affirmed the court of appeals, holding (1) the clerk exceeded his statutory authority by reducing the trustee-attorney's attorney's fees, and (2) absent a viable challenge for breach of fiduciary duty from a creditor with standing, the trustee-attorney's payment of attorney's fees to himself in addition to a trustee's commission could not be upset. View "In re Foreclosure of Vogler Realty, Inc." on Justia Law