Tuesday, February 26, 2008

consumer protection - assignee liability

Colanzi v. Countrywide Homes Loans - ED Pa. - February 22, 2008

http://www.paed.uscourts.gov/documents/opinions/08D0209P.pdf

The assignee of an allegedly improper mortgage loan is not liable for the alleged wrongful acts of the originator of the loan, where there is no allegation of any specific wrongful acts on the part of the assignee. "While the [consumer protection] statute 'provides that consumers may sue a seller of goods or services who commits an unfair trade practice, it does not impose liability on parties who have not themselves committed any wrongdoing. Williams v. Natl Sch. of Health Tech, 836 F.Supp. 273, 283 (E.D. Pa. 1993)." None of the alleged wrongful actions could be imputed to the defendant.

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