Woman sues to stop debt collector from calling cellphone

From Westlaw Journal Bank & Lender Liability: A Minnesota woman says in a lawsuit that a debt collection company has been illegally calling her cellphone and leaving voicemail messages to collect a debt she did not incur.

Patricia Ebling’s complaint in the U.S. District Court for the District of Minnesota alleges that Minneapolis firm ClearSpring Loan Services Inc. has violated the Telephone Consumer Protection Act, 47 U.S.C. § 227, which prohibits the use of an automated dialing system or artificial or pre-recorded voice to call a cellphone without consent.

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U.S. owes $964,000 for VA clinic security upgrades, contractor says

From Westlaw Journal Government Contract: A construction company says in a lawsuit that the U.S. Department of Veterans Affairs owes nearly $965,000 to cover increased project costs arising from the design and installation of security features to mitigate the impact of a possible explosion at an Ohio medical clinic.

Construction firm and landlord Premier Office Complex of Parma LLC says the United States must pay additional compensation because the VA changed the original security feature plans after entering into the contract to construct and lease the clinic.

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Debt collection, consumer protection claims proceed in suit over failed foreclosure

From Westlaw Journal Bank & Lender Liability: A federal judge in Philadelphia has denied summary judgment motions seeking to dismiss fraud and consumer protection claims against Wells Fargo Bank and a Philadelphia law firm stemming from an unsuccessful 2012 mortgage foreclosure action.

U.S. District Judge Gerald A. McHugh of the Eastern District of Pennsylvania found Sonya Hoffman could proceed on a claim that the bank, the firm Phelan Hallinan & Schmieg and attorney Courtenay R. Dunn violated the Pennsylvania Unfair Trade Practices and Consumer Protection Law, or UTPCPL.

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Army Corps must face $12 million contract suit

From Westlaw Journal Government Contract: The U.S. Court of Federal Claims has allowed a family-owned company to proceed with a lawsuit alleging the Army Corps of Engineers caused the business to lose $12 million by breaching a land-use contract.

Judge Eric G. Bruggink denied the federal government’s motion to dismiss the suit by Pioneer Reserve LLC, which is owned by members of Alaska’s Walther family.

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Tennessee foreclosure suit against Bank of America belongs in state court

From Westlaw Journal Bank & Lender Liability: A lawsuit alleging Bank of America wrongfully foreclosed on a mortgage will be returned to Tennessee state court because the amount the plaintiffs seek does not exceed the $75,000 federal jurisdiction threshold, a federal judge has ruled.

U.S. District Judge Kevin H. Sharp of the Middle District of Tennessee remanded the lawsuit brought by Suad and Riad Muheljic to the White County Chancery Court where it was filed, finding that neither the property’s foreclosure price nor its fair market value exceeded $75,000.

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Army stays roofing work procurement during bid protest

From Westlaw Journal Government Contract: The U.S. Army has agreed to hold off on taking bids for a roofing contract while a construction firm pursues a bid-protest lawsuit against the federal government in the U.S. Court of Federal Claims.

In a Nov. 5 order, Judge Margaret M. Sweeney said Northeast Construction Inc.’s request for an injunction was moot given the Army Contracting Command’s decision to stay the procurement of roofing services at Aberdeen Proving Ground in Maryland.

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Tribal lenders drop challenge to New York’s regulation of Internet loans

From Westlaw Journal Bank & Lender Liability: Two American Indian tribal lenders that offer high-interest loans over the Internet have dropped a lawsuit claiming New York authorities cannot regulate their out-of-state lending businesses.

U.S. District Judge Richard J. Sullivan of the Southern District of New York approved the voluntary dismissal request of the Oklahoma-based Otoe-Missouria Tribe of Indians and the Michigan-based Lac Vieux Desert Band of Lake Superior Chippewa Indians.

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Contractor sues U.S. Bureau of Prisons for lighting supply program documents

From Westlaw Journal Government Contract: A contractor has filed a lawsuit seeking to force the Federal Bureau of Prisons to turn over documents about an agency lighting supply program in response to the company’s Freedom of Information Act request.

Elumenus Lighting Corp. says in the complaint, filed in the U.S. District Court for the District of Columbia, that the BOP is deliberately withholding documents about the agency’s LED lighting service and supply program and associated contracts.

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Shipyard pays Justice Department $1 million to end small-business fraud case

From Westlaw Journal Government Contract: The United States has agreed to a $1 million payment from a Florida-based shipyard to end its lawsuit alleging the company fraudulently obtained Coast Guard contracts by posing as a small firm owned by service-disabled veterans.

The Justice Department said in a statement that the payment by North Florida Shipyards in Jacksonville and President Matt Self resolves allegations that the company violated the False Claims Act, 31 U.S.C. § 3729.

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Boeing pays $23 million to settle charges it inflated Air Force contract bills

From Westlaw Journal Government Contract: Boeing Co. will pay the federal government $23 million to settle allegations that it overbilled the Air Force while working under contract on maintenance for the C-17 Globemaster aircraft.

Chicago-based Boeing agreed to resolve the lawsuit without admitting any wrongdoing, the Justice Department said in an Oct. 10 statement.

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