Judge Terrence W. Boyle of the Eastern District of North Carolina granted preliminary approval of a proposed class action settlement in a consumer protection case brought against Carolina Lease Management Group, LLC and CTH Rentals, LLC (but notably not Old Hickory Buildings, LLC, which remains a non-settling defendant).
In this unpublished decision, the Fourth Circuit affirmed the dismissal of a putative class action brought by Paul French, who alleged that 21st Mortgage violated Maryland’s Credit Grantor Closed End Credit Provisions (“CLEC”) by retaining a 35% commission on force-placed insurance premiums. Although French paid only the regulator-approved insurance premium (with 21st Mortgage forwarding 65% to the underwriter), he argued the retained portion was an unlawful “fee” under Md. Code Ann., Com. Law § 12-1005(d)(1).
In this unpublished but instructive decision, the Fourth Circuit affirmed a Maryland district court’s denial of a motion to compel arbitration brought by Oliphant Financial, LLC and its collection law firm, Stillman P.C. The defendants sought arbitration in a putative class action brought by Thelma Roper alleging violations of federal and Maryland consumer protection statutes for suing consumers in state court after the statute of limitations had expired.
