Consumer Protection: The Blog

Why anyone does business on Craigslist is beyond me. I tried posting a big-screen television for sale on there one time, only to get an angry email from someone. This person wasn't interested in buying; they just berated me for pricing the television too high, pointing out that others were selling them for lower. That was about it for me, on Craigslist.  I think the ad is still up, though, so if anyone wants a television that is (apparently) overpriced, hit me up. Anyway, Craigslist is for scammers and serial killers, and even a mighty document like the U.S. Constitution cannot help you avoid getting ripped off by the people who use Craigslist, as demonstrated by Conner v. Reilly , a Western District of Wisconsin case from 2017 in which some people were defrauded by a Craigslist scam and decided to sue the Rock County sheriff because of it. The background facts in a nutshell are: couple in Missouri post their car for sale on Craigslist. Guy brings a bank check for $22,500 to ...

One of the things that often holds back lawyers, and courts, is an unwillingness (on the part of lawyers) to be creative, and an unwillingness (on the part of courts) to allow it.  Partly that's understandable, as the law is built on precedent and it's hard to be creative when you have to go back 3300 years to The Rule In Shelley's Case  to make a point. Then again, if nobody had ever tried something there wouldn't be any precedent beyond "The King is Right." So we have to have a balance between the two, and that balance is struck by Morris v. Ocwen Loan Servicing , a decision on a motion to dismiss in which the South Carolina federal court allowed a claim against Ocwen to proceed. Here's the facts, as summarized by the court:   Plaintiffs allege that in 2013, Defendant began improperly making debt collection calls and sending letters to them regarding the Property's mortgage. Thereafter, in January of 2015, Plaintiffs filed a lawsuit against ...