The United States District Court for the Northern District of Georgia has recently ruled that a consumer cannot maintain a claim under the Georgia Fair Business Practices Act (GFBPA) where the claim arises out of a loan transaction that is subject to state and federal regulations. In Baughman v. Truist Bank, No. 123CV03199JPBJKL, 2023 WL 6940698 (N.D. Ga. Sept. 19, 2023), plaintiff purchased a vehicle by executing a retail installment sale contract, which was later assigned to Truist Bank. The contract provided that the dealer would obtain an aftermarket warranty on the vehicle and ...
Numerous states have adopted statutory bans on "unfair" or "deceptive" trade practices. When state legislatures enacted those statutes, most of them decided to let consumers sue directly for damages. However, many state legislatures also barred consumers from bringing class actions under those state consumer-protection statutes. See, e.g., Ala. Code § 8-9-10(f) (barring class actions under Alabama's Deceptive Trade Practices Act); O.C.G.A. § 10-1-399(a) (barring class actions under Georgia's Fair Business Practices Act); Miss. Code § 75-24-15(4) (barring class ...