Plaintiff can’t bring FDCPA allegations as ‘consumer,’ Minnesota federal court rules

From Westlaw Journal Bank & Lender Liability: A debt collection agency will not face a part of a lawsuit accusing it of calling the wrong person, because the person who filed suit is not a “consumer,” a federal judge has decided.

In a July 7 order U.S. District Judge Patrick J. Schiltz of the District of Minnesota denied Harvey Duranseau’s motion to bring claims based on his perceived rights as a “consumer,” saying Duranseau therefore cannot bring claims under Sections 1692b and 1692c(b) of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692.

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Wells Fargo’s calls to minor’s cellphone violated federal law, 11th Circuit says

From Westlaw Journal Bank & Lender Liability: The 11th U.S. Circuit Court of Appeals has affirmed a ruling in favor of a woman who claims Wells Fargo Bank illegally used an automated dialing system to call her minor child’s cellphone without her permission.

The three-judge appellate panel said the Telephone Consumer Protection Act, 47 U.S.C. § 227, applied to cellphone service subscriber Lynn Breslow and her child, who had exclusive use of the phone.

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’Team Digi7al ’ leaders admit to massive hacking conspiracy

From Westlaw Journal Government Contract: A Navy sailor and a college student responsible for hacking into more than 50 government and private company computer systems and posting personal information of their victims online have pleaded guilty to conspiracy charges in an Oklahoma federal court.

“Cybercriminals think the anonymity of the Internet can obscure their illegal activities and make it impossible to find and apprehend them,” U.S. Attorney Danny Williams of the Northern District of Oklahoma said in a statement.  “That is not true.  Criminals cannot hide in cyberspace.  We will find you, charge you and prosecute you to the fullest extent of the law.”

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Consumer wins judgment against debt collector in federal court

From Westlaw Journal Bank & Lender Liability:  A California federal judge has found in favor of a consumer who accused a debt collector of leaving a voicemail without clearly identifying himself.

U.S. District Judge Saundra Brown Armstrong of the Northern District of California granted James Forkum’s motion for summary judgment May 21, saying Forkum had shown that George Woodruff of Co-Operative Adjustment Bureau violated the Fair Debt Collection Practices Act,15 U.S.C. § 1692.

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Judge says joint venture received SBA approval too late to bid for contract

From Westlaw Journal Government Contract: A joint venture did not obtain approval from the Small Business Administration in time to qualify as a bidder for a U.S. Special Operations Command contract, the U.S. Court of Federal Claims has ruled.

Judge Edward Damich said Lukos VATC JV LLC could not win the contract because it did not receive timely SBA approval of its participation in the agency’s mentor-protégé program.

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Judge holds VA liable for fire damage to lessor’s medical equipment

From Westlaw Journal Government Contract: The U.S. Court of Federal Claims has ruled that the Department of Veterans Affairs is liable for losses arising from a fire at a health care center that destroyed medical equipment leased from a contractor.

Judge Mary Ellen C. Williams ruled in favor of lessor DMS Imaging Inc. and said that under the contract, the government bore the risk for any loss or damage to the company’s mobile MRI unit.

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Judge says government can’t amend pleadings in breach case

From Westlaw Journal Government Contract: The U.S. Court of Federal Claims has denied the government’s request to file an amended answer adding counterclaims in a real estate brokerage’s $402,000 breach-of-contract lawsuit over work for the Postal Regulatory Commission.

Judge Mary Ellen Coster Williams said the United States could not add two counterclaims for breach of fiduciary duty to the answer filed in response to Meyer Group Ltd.’s suit.

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Belgian banks gain dismissal of suit over allegedly dishonored checks

From Westlaw Journal Bank & Lender Liability: A New York federal judge has ruled that a U.S.-incorporated company that claims that two Belgian banks wrongfully dishonored checks cannot pursue a lawsuit against the institutions in the United States.

Judge Richard J. Sullivan of the U.S. District Court for the Southern District of New York dismissed the claims filed by Midamines SPRL Ltd. and company officer Hassan A. Abbas against Belgian banks KBC Bank NV and Antwerp Diamantse Bank NV.  Midamines is incorporated in Illinois.

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Construction firm ends SBA fraud case for $928,000

From Westlaw Journal Government Contract:  A Utah-based construction company will pay the United States $928,000 to resolve a lawsuit alleging it defrauded the Small Business Administration while participating in one of the agency’s government contracting programs.

The payment by Okland Construction Co. settles allegations that the business violated the False Claims Act by obtaining SBA contracts that it was not entitled to win because they were reserved for small firms, the Justice Department said in a statement.  The FCA, 31 U.S.C. § 3729, is the government’s primary tool for fighting procurement fraud.

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Judge dismisses identity theft victim’s $10 million suit against JPMorgan

From Westlaw Journal Bank & Lender Liability: A New York federal judge has ruled that a woman victimized in an identity theft scheme allegedly perpetrated by JPMorgan Chase Bank employees cannot maintain her $10 million lawsuit against the bank.

Judge Robert W. Sweet of the U.S. District Court for the Southern District of New York granted JPMorgan’s motion to dismiss Yelena Galper’s claims for identity theft and aiding and abetting identity theft.

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