A brief article on Consumer Credit Reporting and Debt Collections law.

Plaintiffs, mortgagees, sued Defendants, mortgage lenders, under Section 8(b) of the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. § 2607(b), and California’s Unfair Competition Law (“UCL”), California Business & Professions Code §§ 17200, et seq., but their case was dismissed. The Ninth Circuit Court of Appeals affirmed, holding that Section 8(b) of RESPA prohibits “unearned fees”, but does not apply to “overcharging” for services actually performed. The court also held, federal National Bank Act preempts plaintiff’s claims that bank violated UCL. www.metnews.com

Recent Report About Ortho Evra Safety Seems To Contradict Earlier Findings From Same Group Third Boston Collaborative Drug Surveillance Program Study Analysis Concerning Ortho Evra And Blood Clot Side Effect Risk Causes Confusion http://www.drug-injury.com/druginjurycom/2010/03/ortho-evra-postmarketing-safety-study-johnson-jnj-bcdsp-levonorgestrel-oral-contraceptives.html

A new vaccine to prevent mesothelioma, a cancer linked to asbestos exposure, is being researched in the Netherlands. This is very exciting news as it appears to be safe and effective.

In the case of Milavetz vs. Milavetz, 559 U.S. ____ (2010), the United States Supreme Court held that bankruptcy attorneys are considered "debt relief agencies" under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"). The Court further held that Bankruptcy Code "§526(a)(4) prohibits a debt relief agency only from advising a debtor to incur more debt because the debtor is filing for bankruptcy, rather than for a valid purpose."

In this recent decision, the California Court of Appeals held when a person forwards an allegedly defamatory e-mail, along with his own added message, but the language he added to the e-mail did not contribute to the defamation, then the person who forwarded the e-mail cannot be held liable for defamation. Case advance sheet courtesy of www.metnews.com

Press release from Loyola Law School, Los Angeles, concerning corrective action by U.S. News & World Report in its annul law school surveys.

This appellate court in California has held that the trial court abused its discretion in certifying a class of consumers where the class members were not all exposed to the allegedly false or misleading advertising. Pfizer, Inc. vs. Superior Court of Los Angeles County (Steve Galfano), Second Appellate District, Division Three, Case # B188106. Advance sheet courtesy of www.metnews.com.

YAZ, Yasmin, Ocella: 1,100 Lawsuits Filed As Of Mid-February 2010, According To Bayer Company Annual Report 2009: "Bayer believes that it has meritorious defenses and intends to defend itself vigorously." http://www.drug-injury.com/druginjurycom/2010/03/yaz-yasmin-ocella-lawsuits-consolidated-federal-mdl-state-court-nj-pa-mass-tort.html

Not all is lost in this down construction economy. This article discusses ways for contractors and subcontractors to both survive and thrive.