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DELEBREAU v. BAYVIEW LOAN SERVICING, LLC

No. 11-1139.

680 F.3d 412 (2012)

Cathy DELEBREAU; David D. Delebreau, individually and on behalf of all others situated, Plaintiffs-Appellants, v. BAYVIEW LOAN SERVICING, LLC, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: May 31, 2012.

Attorney(s) appearing for the Case

ARGUED: Jennifer S. Wagner , Mountain State Justice, Charleston, West Virginia, for Appellants. John Curtis Lynch , Troutman Sanders, LLP, Virginia Beach, Virginia, for Appellee. ON BRIEF: Bren J. Pomponio , Mountain State Justice, Charleston, West Virginia, for Appellants. Jason E. Manning , Troutman Sanders, LLP, Virginia Beach, Virginia, for Appellee.

Affirmed by published opinion. Judge KEENAN wrote the opinion, in which Judge GREGORY and Judge O'GRADY joined.

OPINION

BARBARA MILANO KEENAN, Circuit Judge:

In this purported class action on behalf of borrowers holding home mortgage loans serviced by Bayview Loan Servicing, LLC (Bayview), Cathy and David Delebreau (the Delebreaus) claim that Bayview improperly added fees to borrowers' accounts in violation of the West Virginia Consumer Credit and Protection Act (the Consumer Credit Act), W. Va.Code §§ 46A-1-101 through 46A-8-102. Such claims brought under...

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