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In re Fleet v. United States Consumer Council

Bankruptcy, E.D. Pa.
95 B.R. 319 (1999)


Facts

Fleet (plaintiff) is a bankrupt individual who sought financial assistance from United States Consumer Council (USCC) (defendant), a financial advising service. Through its marketing campaign, USCC offered financial services to many bankrupt and financially distraught individual. Many of these targeted customers were unemployed, disabled, or facing the loss of their homes through foreclosure. USCC promised services to its customers which it could not and ultimately did not provide. USCC then charged its customers $195.00 to $260.00 for referring them to an attorney. Individuals could receive attorney referrals through a bar association referral service for free. Fleet brought suit against USCC in Pennsylvania Bankruptcy court alleging that under the New Jersey Unfair & Deceptive Practice Act (NJ UDPA), USCC’s actions were unconscionable.

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Holding and Reasoning

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