Articles Posted in Consumer Law

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Plaintiffs filed a complaint against Attorney alleging that Attorney failed properly to advertise and conduct non-judicial foreclosure sales of their properties in violation of duties under Plaintiffs’ mortgages, statutory law, common law, and the consumer protection statute. The circuit court dismissed the complaint for failure to state a claim. The Supreme Court affirmed, holding that dismissal was appropriate where (1) the statutory requirements of former Haw. Rev. Stat. 667-5 and 776-7 do not give rise to a private right of action against a foreclosing mortgagee’s attorney; and (2) an unfair or deceptive acts or practices acts or practices claim against Attorney as the foreclosing mortgagee’s attorney was not recognized. View "Sigwart v. Office of David B. Rosen" on Justia Law

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Plaintiffs, food and beverage services employees of hotels, brought claims against their employers for violating Haw. Rev. Stat. 481B-14 by invoking Haw. Rev. Stat. 388-6, 388-10, and 388-11. Specifically, Plaintiffs contended that the hotel or restaurant violated section 481B-14 when it applied a service charge for the sale of food and beverage services but did not distribute the full service charge directly to Plaintiffs and failed to disclose this fact to consumers. The Supreme Court accepted certification to answer a question of law and held (1) when a hotel or restaurant applying a service charge for the sale of food or beverage services allegedly violates section 481B-14 by not distributing 100 percent of the service charge directly to its employees as "tip income" and by failing to disclose this practice to the purchaser of the services, the employees may bring an action under sections 388-6, 388-10, and 388-11 to enforce their rights and to seek remedies.View "Villon v. Marriott Hotel Servs., Inc." on Justia Law

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Walter and Sylvia Chang and the Walter Chang Trust instituted an action related to the foreclosure of property on which the Changs held a purchase money mortgage. The Chang named as defendants several parties, including Eadean Buffington, the Changs' attorney, and Investors Funding, a mortgagee of the property. After the circuit court action was removed to the bankruptcy court, Integrity Escrow and Title was added as a third party defendant. The bankruptcy court granted the Changs' petition for a determination that their settlement with Investors Funding was made in good faith. Buffington and Integrity appealed the order. The bankruptcy court subsequently remanded the action to the circuit court. The intermediate court of appeals (ICA) dismissed Buffington and Integrity's appeal for lack of appellate jurisdiction. The Supreme Court vacated the ICA's dismissal order, holding the ICA erred in concluding that (1) it lacked jurisdiction over the appeal because one of the parties was in bankruptcy; (2) it lacked jurisdiction over the appeal because the good faith settlement order was not in the record on appeal; and (3) the good faith settlement order entered by the bankruptcy court prior to remand was not properly appealable in the state court system. Remanded. View "Chang v. Buffington" on Justia Law