Bumpers v. Cmty. Bank of N. Va.

When the undisputed facts demonstrate that defendant bank charged plaintiffs for a service not actually provided, plaintiffs are entitled to summary judgment on their unfair and deceptive practice claim. Because the majority mischaracterizes the basis for plaintiffs’ claim to be a misrepresentation and concludes that summary judgment was improperly granted for plaintiffs, I respectfully dissent.

This case involves several issues: (1) whether proof of actual reliance is required to recover; (2) whether there is a genuine issue of material fact regarding whether plaintiffs received discounted…