Judge David O. Carter, in the Central District of California, made the following findings on a motion to dismiss: the CCPA is not retroactive despite allegations of an ongoing pattern and practice; the CCPA does not include a private right of action for "§§ 1798.100(b), 110(c), and 115(d)"; the "disclosure of consumers’ non-anonymized data was not a result of a… Read More
In Maybaum v. Target Corp., No. 2:22-cv-00687-MCS-JEM, 2022 U.S. Dist. LEXIS 80466, at *15-16 (C.D. Cal. May 3, 2022), Judge Scarsi enforced an arbitration clause despite arguments over whether the Arbitration Clause prohibited a right to public injunctive relief "in any forum" under McGill. Plaintiff argues that California law prohibits compelling arbitration of her claims because she seeks public injunctive… Read More
In People v. Alorica Inc., 77 Cal. App. 5th 60, 62-63 (2022), the Court of Appeal affirmed the authority of a District Attorney to issue a subpoena to determine whether an entity was subject to the Rosenthal Act. The basis of the dispute was as follows. According to the Riverside County District Attorney's Office, in January 2019, the district attorneys'… Read More
In Thompson v. Renner, No. 21-1366, 2022 U.S. App. LEXIS 11706, at *10-12 (6th Cir. Apr. 28, 2022), the Court of Appeals for the 6th Circuit found that a garnishment application to a state court was a communication under under 15 U.S.C. § 1692e(5) But even without state-specific rules regarding affirmative representations, filing a garnishment request without reasonable belief that… Read More
In Fraser v. Mint Mobile, LLC, No. C 22-00138 WHA, 2022 U.S. Dist. LEXIS 76772, at *2 (N.D. Cal. Apr. 27, 2022), Judge Alsup denied summary judgment to a defendant claiming that its data breach did not proximately cause the Plaintiff's cryptocurrency loss. The facts were as follows: Defendant Mint Mobile, LLC is a mobile virtual network operator that currently… Read More
In Weisz v. Sarma Collections, Inc., No. 21-CV-06230 (PMH), 2022 U.S. Dist. LEXIS 72692, at *5-8 (S.D.N.Y. Apr. 20, 2022), Judge Halpern threw out a Hunstein case based on lack of standing. Plaintiff seeks to recover statutory damages only and does not allege in the Amended Complaint that he was harmed in any way by the alleged FDCPA violations. Plaintiff… Read More
In a strange fact pattern, in Samano v. LVNV Funding, LLC, No. 1:21-cv-01692-SKO, 2022 U.S. Dist. LEXIS 72102, at *11-14 (E.D. Cal. Apr. 18, 2022), Magistrate Judge Oberto dismissed FDCPA claims derived from Plaintiff's complaint that the debt collector reported the Account as disputed when the Plaintiff previously had written to the debt collector to advise that he did not… Read More
In Thayer v. Randy Marion Chevrolet Buick Cadillac, LLC, No. 21-10744, 2022 U.S. App. LEXIS 9957, at *7-9 (11th Cir. Apr. 13, 2022), the Court of Appeals found that the Graves Amendment limited an automobile dealer's loaner vehicle to a customer who was provided the loaner while the customer's vehicle was being repaired. Thayer argues that a rent or lease… Read More
In Berman v. Freedom Fin. Network, LLC, No. 20-16900, 2022 U.S. App. LEXIS 9083, at *12-14 (9th Cir. Apr. 5, 2022), the 9th Circuit addressed the enforceability of an arbitration agreement set forth on a website that allowed the consumer to click-through the operator's various policies and the arbitration. The Court of Appeals stated the rule as follows: The most… Read More
On a motion to dismiss, Judge Denise Cote of the Southern District of New York, dismissed Plaintiffs' CCPA cause of action. In re Waste Mgmt. Data Breach Litig., No. 21cv6147 (DLC), 2022 U.S. Dist. LEXIS 32798, at *18-19 (S.D.N.Y. Feb. 24, 2022). [T]he [complaint] fails to state a claim for violation of the CCPA, because it does not plausibly allege… Read More
On March 10, 2022, the California Attorney General issued an Opinion letter in response to an inquiry from Assemblymember Kevin Kiley: QUESTION PRESENTED AND CONCLUSION Under the California Consumer Privacy Act, does a consumer’s right to know the specific pieces of personal information that a business has collected about that consumer apply to internally generated inferences the business holds about… Read More
Addressing what constitutes a cure under the current version of the CCPA, Judge Cote in the Southern District of New York, held that: the [Complaint] fails to state a claim for violation of the CCPA, because it does not plausibly allege that Waste Management breached its "duty to implement and maintain reasonable security procedures and practices appropriate to the nature… Read More
In Danfer-Klaben v. JPMorgan Chase Bank, N.A., No. SACV 21-262 PSG (JDEx), 2022 U.S. Dist. LEXIS 25553, at *16-17 (C.D. Cal. Jan. 24, 2022), Judge Gutierrez in the Central District of California held that: The CCPA provides relief to "any consumer whose nonencrypted and nonredacted personal information . . . is subject to an unauthorized access . . . or… Read More
On March 9, the SEC proposed Cybersecurity rules for public companies that if adopted, would impose substantial new reporting obligations for material cybersecurity incidents and cybersecurity risk management, strategy, and governance. A copy of the proposed Rules can be found at https://www.sec.gov/rules/proposed/2022/33-11038.pdf Read More
In Eggleston v. Reward Zone USA LLC, No. 2:20-cv-01027-SVW-KS, 2022 U.S. Dist. LEXIS 20928, at *11-14 (C.D. Cal. Jan. 28, 2022), Judge Wilson dismissed a TCPA "pre-recorded voice" case premised on the theory that the standard text messages that she received did not constitute a "voice" under the TCPA. Plaintiff also alleges that Defendant's text messages violated § 227(b) because… Read More
In Almada v. Krieger Law Firm, A.P.C., No. 21-55275, 2022 U.S. App. LEXIS 1946, at *4-5 (9th Cir. Jan. 24, 2022), the Court of Appeals for the Ninth Circuit held that a dunning letter was not deceptive because "fees" claimed were "paralegal" fees. Almada argues that Kriger's assessment of the prelien fee violates the FDCPA because the fee was not… Read More
In Muzi Gao v. Campus 150 Venture II, LLC, No. SACV 20-01355 DDP (ADSx), 2022 U.S. Dist. LEXIS 18370, at *8-9 (C.D. Cal. Jan. 31, 2022), Judge Pregerson held that ancillary charges associated with residential rent may be a "consumer credit transaction" under the Rosenthal Act, even if the rent itself was not. The RFDCPA limits the ways in which… Read More
A federal district court in Arizona has certified a nationwide “non customer” class under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”) against Citibank, N.A. TCPA class actions carry enormous potential liability, as the statute provides for recovery of $500 to $1,500 per call for unconsented autodialed or prerecorded calls to cellular telephones. The case is Head v.… Read More
In Persinger v. Sw. Credit Sys., L.P., No. 21-1037, 2021 U.S. App. LEXIS 37986, at *16-17 (7th Cir. Dec. 22, 2021), the Court of Appeals for the 7th Circuit affirmed dismissal of an FCRA "Permissible Purpose" case arising out of a post-discharge credit pull. The facts were as follows: Persinger and her husband jointly filed for bankruptcy in 2017. Their… Read More
In Wolfson v. Bank of Am., N.A., No. 20-35792, 2021 U.S. App. LEXIS 37864, at *2 (9th Cir. Dec. 21, 2021), the Court of Appeals affirmed dismissal of an FDCPA claim. The district court properly dismissed Wolfson's FDCPA claims because Wolfson failed to allege facts sufficient to show that defendant Bank of America, N.A., is considered a debt collector under… Read More
