In Cappos v. Suppa, Trucchi & Henin, LLP, 2012 WL 6057995 (S.D.Cal. 2012), Judge Lorenz held that where the Plaintiff’s FDCPA suit arises from purported improper sums sought in a state court collection action, the filing of the state court action triggers the running of the statute of limitations for FDCPA purposes. An FDCPA claim must be brought “within one… Read More
In Ayala v. Creditors Specialty Service, Inc., 2012 WL 5198482 (E.D.Cal. 2012), Judge O’Neill found that, if true, a debt collector acted properly in its communications with the debtor’s employer. With regard to the merits of plaintiff's claims, she argues that she is entitled to summary judgment on her § 1692b(2) and Cal. Civ.Code § 1788.17 claims be-cause CSS disclosed… Read More
In Edwards v. National Credit Adjusters, LLC, 2012 WL 5851288 (Nev. 2012), the Nevada Supreme Court found that a debtor’s port of his land-line to cell phone did not create liability under the TCPA for autodialed calls to the cell phone because the debtor’s providing the telephone number in his application for credit – even if the number was a… Read More
In Jordan v. ER Solutions, Inc., --- F.Supp.2d ----, 2012 WL 5245384 (S.D.Fla. 2012), Judge Dimitrouleas found no TCPA liability under the TCPA for auto-dialed calls to a debtor who had consented to be called at that number when she applied for credit, even though the debtor did not own the number. Jordan got into debt by shopping at Seventh… Read More
In Saccato v. Discover Financial Services, Inc., 2012 WL 5951490 (9th Cir. 2012), the Court of Appeals for the Ninth Circuit held in an unpublished decision that the district court properly dismissed a FCRA claim under 15 U.S.C. § 1681s–2(b) because the Plaintiff failed to plead that the CRA notified the furnisher of the dispute. The district court properly concluded… Read More
The FTC is seeking public comment on proposed changes to the Used Car Buyers Guide required by the agency’s Used Car Rule. The FTC's Press Release is http://www.ftc.gov/opa/2012/12/usedcarrule.shtm. The FTC also issued a final rule that makes technical corrections and revises the Spanish translation of the Buyers Guide. The Used Car Rule, formally known as the Used Motor Vehicle Trade Regulation Rule,… Read More
In Brown v. International Asset Group, LLC, 2012 WL 6002512 (S.D.Ohio 2012), Judge Black found that a debt collector that falsely held itself out on the internet as a Legal-aid service for low income debtors violated the FDCPA. Plaintiff, a resident of Piqua, Ohio, conducted a web search for free legal aid services in March 2012, and logged on to… Read More
In Udo v. Kelkris Associates, Inc., 2012 WL 5985663 (S.D.Cal. 2012), Judge Gonzalez found that collection of towing charges did not meet the ‘transaction’ requirement of the FDCPA nor the “consumer credit” requirement of the Rosenthal Act. “As a threshold matter, a suit brought under the FDCPA must involve a “debt” within the meaning of the statute.” Fleming v. Picard,… Read More
On November 29, 2012, the FCC issued a Declaratory Ruling that sending a one-time confirmatory text message within five minutes of receipt of a consumer's request that no further text messages be sent does not violate the TCPA or the FCC's rules as long as the sender had prior express consent to send text messages using an automatic telephone dialing system. The FCC… Read More
In a 2-1 unpublished opinion, the California Fifth District Court of Appeal reversed an order of dismissal following the sustaining of a demurrer in a post-repossession notice of intent (“NOI”) class action, Tucoemas Federal Credit Union v. See (2012) 2012 WL 5867382. The credit union filed a deficiency action against the borrower following her default on a retail installment contract. … Read More
In Tonnesen v. Legal Recovery Law Offices, Inc., 2012 WL 5932789 (E.D.Cal. 2012), Judge Mendez declined to dismiss a Rosenthal Act claim against a law firm, finding that the law firm – as opposed to individual lawyers -- was not exempt. Defendant alternately argues that the Rosenthal Act claims should be dismissed because it is a law firm and the… Read More
Industry supported the Appellant's Request for Re-hearing in the 9th Circuit's Meyer decision. Meyer AFSA/CFSA Amicus The 9th Circuit ordered the Appellees to respond to the Appellant's Request for Re-hearing. 9th Circuit's Meyer Order. Appellee's Response is here. Read More
In Grantham v. Bank of America, N.A., 2012 WL 5904729 (N.D.Cal. 2012), Judge James held that a Plaintiff stated a claim against a Bank for post-bankruptcy discharge credit reporting. In February 2011, Grantham sent a dispute letter to Experian requesting an investigation of the 1051 Account, disputing the alleged delinquencies reported in her credit report while her bankruptcy petition was… Read More
In Johnson v. Credit Protection Ass'n, L.P., 2012 WL 5875605 (S.D.Fla. 2012), Judge Marra found for a debt collector under the TCPA, finding that the debtor had given consent to be called and had not limited that consent in the debtor's original transaction with the creditor. The facts were as follows: Plaintiff Sherone C. Johnson (“Plaintiff”) provided his cellular phone number to… Read More
Sorry good readers; I couldn't resist this case. Does the UCL or CLRA protect virtual characters in a virtual world existing only on-line against virtually fraudulent transactions? Magistrate Judge Ryu in San Francisco said, for the most part, no. (Evans v. Linden Research, Inc. 2012 WL 5877579 (N.D.Cal. 2012)). This putative class action involves the internet role-playing virtual world entitled Second… Read More
In Frezza v. Google Inc., 2012 WL 5877587 (N.D.Cal. (2012), Judge Whyte held (in evaluating Google's 'tag' program) that the CLRA applies only to consumer transactions, and does not apply to business transactions. The court first looks to whether plaintiffs even qualify as consumers for protection under the CLRA. A violation of the CLRA may only be alleged by a consumer. Von… Read More
In Balikian v. Ally Financial, Inc., 2012 WL 5518853 (C.D.Cal. 2012), Judge Wu catalogued the well document history of a FCRA plaintiff’s lawyer in the Central District for filing FCRA complaints. Plaintiff's counsel, Arshak Bartoumian, has a recent and well-documented history of failing to oppose pending motions, failing to appear at hearings, filing last-minute motions for leave to amend on… Read More
In Young v. LVNV Funding, LLC, 2012 WL 5508407 (E.D.Mo. 2012), Judge Fleissig held that a consumer need not plead that a CRA informed the furnisher of the dispute in order to state a FCRA claim. Courts differ on whether a plaintiff must plead with certainty that notice was given by the CRA to the furnisher and the Eighth Circuit… Read More
In Pinkard v. Wal-Mart Stores, Inc., 2012 WL 5511039 (N.D.Ala. 2012), Judge Smith dismissed a TCPA texting class action because Plaintiff had provided her cellular telephone number to Wal-Mart at the time of sale. Plaintiff's putative class action complaint asserts a single cause of action under the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 et seq. (“TCPA”).… Read More
In Hylton v. Anytime Towing, 2012 WL 5498887 (S.D.Cal. 2012), Judge Curiel found that city towing fees were not ‘debts’ under the FDCPA or Rosenthal Act. Courts have held that a motor vehicle impoundment and towing fees arising out of action authorized by state law enforcement agency do not constitute a “debt” within the meaning of Fair Debt Collection Practices… Read More
