Contractor pays $170,000 to end suit over sale of service members’ stored goods

From Westlaw Journal Government Contract: A San Diego-based storage company will pay $170,000 to end the federal government’s lawsuit alleging it sold service members’ belongings at auction without obtaining a required court order.

The payment by Horoy Inc., doing business as Across Town Movers, and owner Daniel E. Homan resolves allegations that the company violated the Servicemembers Civil Relief Act, 50 U.S.C. App. § 501, the Justice Department said in a May 18 statement.

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Judge: Citibank’s ‘relationship’ with cardholder not grounds for arbitration

From Westlaw Journal Bank & Lender Liability: In a credit card debt collection dispute, a California federal judge has denied a request by Citibank to compel arbitration premised on an alleged “relationship” the bank developed with the plaintiff through cardholder agreements for two unrelated cards.

U.S. District Judge Beth L. Freeman of the Northern District of California rejected the bank’s assertion that cardholder agreements for two Sears cards issued to Scott F. Savage by Citibank should extend to a Macy’s store credit card issued by Department Store National Bank — the retailer’s financing arm and an alleged Citibank subsidiary.

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Identity theft victim says Equifax won’t change credit report

From Westlaw Journal Bank & Lender Liability: A woman is suing credit reporting agency Equifax Information Services LLC and two debt collectors, alleging they violated federal law by pursuing and reporting a debt she did not incur.

LaVita Marie Jewell says in a complaint filed in the U.S. District Court for the Western District of Wisconsin that she alerted Equifax that a defaulted student loan opened in her name was the result of identity theft, but the company continues to report the inaccurate information.

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Contractor’s staffer says government liable for back injury

From Westlaw Journal Government Contract: An employee of a government contractor says in a California federal court lawsuit that the United States is liable for personal injuries he sustained while working at an Army base in the Mojave Desert.

The government knew there were broken and missing floor tiles at the Fort Irwin National Training Center but did not repair them, plaintiff Daniel Robertson says in a complaint filed in the U.S. District Court for the Central District of California.

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Judge upholds car dealer’s funds transfer contract

From Westlaw Journal Bank & Lender Liability: A Wisconsin federal judge has ruled that a car dealer did not violate federal law by requiring a customer to provide five days’ notice before canceling an authorization to have car payments automatically deducted from her bank account.

Magistrate Judge Stephen L. Crocker of the U.S. District Court for the Western District of Wisconsin said the Electronic Fund Transfer Act’s three-day cancellation period did not apply to Interstate Auto Group Inc. because it is not a financial institution.

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Kuwaiti subcontractor sues Navy over vehicles used in Africa

From Westlaw Journal Government Contract: A Kuwaiti firm that acted as a federal subcontractor in Africa says in a lawsuit that the Navy must compensate it for the loss of the use of company vehicles confiscated by Djiboutian authorities. 

Global Freight Systems Co. says in a complaint filed in the U.S. Court of Federal Claims that the circumstances surrounding the confiscation amount to an illegal taking by the Navy under the Fifth Amendment.

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Overdraft fees amount to usury interest rates, suit says

From Westlaw Journal Bank & Lender Liability: An Oklahoma woman has filed a class-action lawsuit alleging an Oklahoma bank charges a second overdraft fee that amounts to a loan with a usurious interest rate.

In a complaint filed in the U.S. District Court for the Northern District of Oklahoma, Betty Shaw alleges BOKF National Association, previously known as the Bank of Oklahoma, maximizes its profits by illegally imposing an “extended overdraft fee” when a customer account remains overdrawn for a specific period.

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Contractor sues United States over helium extraction deal

From Westlaw Journal Government Contract: A Colorado company says the government’s Bureau of Land Management breached two contracts related to its right to extract helium gas from federal lands.

Rocky Mountain Helium LLC says in a lawsuit filed in the U.S. Court of Federal Claims that the BLM breached its extraction contract by failing to give the company the first chance to enter into a new deal for obtaining helium on the same land.

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7th Circuit revives mortgage borrower’s suit over payments via website

From Westlaw Journal Bank & Lender Liability: The 7th U.S. Circuit Court of Appeals has ruled that a mortgage borrower can continue with a lawsuit alleging her loan servicer violated federal law by failing to timely credit her account when she used the company’s website to authorize payment from her bank.

The Circuit Court reversed a lower court’s decision that NYCB Mortgage Co. did not violate the Truth in Lending Act by waiting to receive the funds from Elena Fridman’s bank before crediting her account.

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Threatened Iraqis seek court order to compel special visa processing

From Westlaw Journal Government Contract: Nine Iraqi citizens who say they risked their safety to assist the United States and its contractors during Operation Iraqi Freedom have asked a U.S. federal court to compel the Departments of State and Homeland Security to process their special immigrant visas for entry into the country.

The plaintiffs, all of whom are identified by pseudonyms, include doctors, interpreters and civilian employees who worked for the U.S. military, the U.S. Army Corps of Engineers or federal contractors during the Iraq War, according to the suit.

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