United States Fourth Circuit

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Elyazidi v. Suntrust Bank, 14-1290

In this case, plaintiff overdrew her checking account, and a debt collector, acting on behalf of defendant-bank, took her to court in Virginia and won. Plaintiff thereafter filed this lawsuit against the bank and its lawyers, alleging that defendants violated Maryland consumer protection laws and that the bank's lawyers violated the Fair Debt Collection Practices Act (FDCPA). The judgment of the district court dismissing plaintiff's suit for failure to state a claim is affirmed, where: 1) defendants' prayer for attorneys' fees cannot, as a matter of law, be a false, deceptive, or misleading representation under 15 U.S.C. section 1692e; 2) defendants' request for attorney's fees is not unfair or unconscionable under section 1692f(1); 3) the failure to redact plaintiff's social security number before submitting the bank statements to the Virginia court was not an unfair or unconscionable means of debt collection under the FDCPA; and 4) plaintiff cannot use Maryland's consumer protection laws to contest the harm she suffered when defendants' filed the allegedly offensive documents in a Virginia court and served process on her in Virginia.

Appellate Information

  • Decided 03/05/2015
  • Published 03/05/2015

Judges

  • Thacker

Court

  • United States Fourth Circuit

Counsel

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