Consumer Finance

In Rheinhart v. Nissan N. Am., Inc., No. D079940, 2023 WL 4195050, at *11–12 (Cal. Ct. App. June 27, 2023), the Court of Appeal refused to enforce a pre-litigation settlement of a Song-Beverly claim with an unrepresented party. Here, Rheinhart's right to remedies under the Act are substantive rights that the Legislature has declared unwaivable. Given the nature of those… Read More

In ALVIN EILAND, Plaintiff, v. WESTLAKE SERVICES, LLC, Defendant., No. CV H-23-1272, 2023 WL 4139014, at *2–3 (S.D. Tex. June 22, 2023), Judge Lake disagreed with an automobile finance company furnisher's arguments with respect to when an FCRA claim against a  furnisher accrues for statute of limitations purposes. Westlake argues that Plaintiff's claims are barred by the two-year statute of… Read More

In Aguirre v. Capital One Bank USA N.A., No. 8:23-cv-00128-FWS-JDE, 2023 U.S. Dist. LEXIS 105188, at *7 (C.D. Cal. June 15, 2023), Judge Slaughter kept the case in federal court under CAFA removal based on the defendant's guess-timate of damages. Defendant argues it has put forth reasonable assumptions demonstrating each Plaintiff's recovery exceeds $75,000, based on an estimate of $8,494… Read More

In Aargon Agency, Inc. v. O'Laughlin, No. 22-15352, 2023 U.S. App. LEXIS 14874, at *21-24 (9th Cir. June 15, 2023), the Court of Appeals for the 9th Circuit held that Nevada's SB 248 survived FCRA pre-emption. Plaintiffs contend that § 1681t(b)(1)(F) broadly preempts any state law "relating to" a furnisher's duties. We decline to read § 1681t(b)(1)(F) this broadly. The… Read More

In Credit One Bank, N.A. v. Lieberman, No. 22-1871, 2023 U.S. App. LEXIS 14853, at *1-9 (3d Cir. June 15, 2023), the Court of Appeals for the 3rd Circuit addressed re-allocation of arbitrator's fees and attorneys' fees based on an arbitrator's conclusion that TCPA claimant had manufactured the claim. Pursuant to a clause in the agreement, Adam instituted arbitration, claiming… Read More

In Paterno v. Ford Motor Credit Co. LLC, No. CV-22-01008-PHX-SMB, 2023 U.S. Dist. LEXIS 100723, at *1 (D. Ariz. June 8, 2023), Judge Brnovich granted summary judgment to an automobile finance lender in a "payment status" FCRA case. Plaintiff argues that the credit report inaccurately reports that Plaintiff's Ford account is currently 30 days past due when the account has… Read More

On April 29, 2023, the National Association of Consumer Advocates requested that the FTC engage in rulemaking on automobile dealers' practice of "spot delivery" or, as NACA called it derisively, "yo-yo financing".  A copy of the Request can be found here:   NACA_spotdelivery_FTC_04292022_exh     Read More

In Minser v. Collect Access, Nos. B318325, B321996, 2023 Cal. App. Unpub. LEXIS 3029, at *13-18 (May 24, 2023), the Court of Appeal in an unpublished decision affirmed a judgment against a debt collector arising out of alleged improper service, holding that 1788.15's requirement that a debt collector "know" that service of process was not properly effected really means "constructive"… Read More

In Brown v. JPMorgan Chase & Co., Civil Action No. 22-11298-FDS, 2023 U.S. Dist. LEXIS 86171 (D. Mass. May 17, 2023), Judge Saylor dismissed a claim under Massachusetts state law. The Massachusetts Credit Reporting Act provides, in relevant part, that: [e]very person who furnishes information to a consumer reporting agency shall follow reasonable procedures to ensure that the information reported… Read More

In CFPB v. Community Financial Services Association (SCOTUS 22-448), the CFPB filed it's Opening Brief on May 8 before the SCOTUS seeking reversal of the Court of Appeals for the Fifth's Circuit decision.  The CFPB's Opening Brief can be found here: CFPB's Opening Brief 5-8-23 Read More

In Thomas v. USAA Fed. Sav. Bank, No. 23-10003, 2023 U.S. Dist. LEXIS 79269, at *8 (E.D. Mich. May 5, 2023), Judge Hood dismissed a TILA case filed by a car buyer. Plaintiff complains that she provided Defendant with a notice of recission with respect to her automobile loan on a 2015 Jeep Grand Cherokee. She brings her action under… Read More

In Oceanside Health Prods. LLC v. Instock Goodies Inc., No. SACV 23-00266-CJC (DFMx), 2023 U.S. Dist. LEXIS 76671, at *10-11 (C.D. Cal. May 2, 2023), Judge Carney found in a non-CCPA tort case that the mere inclusion of CCPA privacy notices on a website was insufficient to demonstrate that a corporation intended to subject itself to tort claims in California.… Read More

In In re Wells Fargo Forbearance Litig., No. 20-cv-06009-JD, 2023 U.S. Dist. LEXIS 76443, at *17-18 (N.D. Cal. May 2, 2023), Judge Donato found that state collection laws are preempted by the FCRA if they impact on credit reporting. Wells Fargo says that plaintiffs' claims under state consumer protection laws are preempted by the FCRA. Dkt. No. 172 at 14.… Read More

In Brayton v. Alltran Fin., LP, No. 1:21-cv-309-MOC-WCM, 2023 U.S. Dist. LEXIS 72396, at *12-14 (W.D.N.C. Apr. 26, 2023), Judge Cogburn dismissed an FDCPA premised on an argument that calls showing the area code local to the debtor on the debtor's caller ID were deceptive. Plaintiff's claim under Section 1692e(10) is predicated on the theory that it was false or… Read More

In Grant v. Par, Inc., No. 22-cv-04434-JD, 2023 U.S. Dist. LEXIS 73726, at *1-5 (N.D. Cal. Apr. 27, 2023), Judge Donato denied a repossession agency's motion to compel arbitration. PAR acknowledges that it "had no direct contract with plaintiff" and "hence is not a signatory to an arbitration provision" with plaintiff. Dkt. No. 42 at 9. Even so, PAR says… Read More

On May 1, 2023, the DFPI held its Inaugural Meeting for the new DFPI Advisory Committee for the 2023-2025 Term.  There were largely three highlights.  First, the DFPI introduced the DFPI's new Committee (https://dfpi.ca.gov/dfpi-debt-collection-advisory-committee/) : Angela Reed-Becker – Equabli Inc. Cindy Yaklin – States Recovery Systems Inc. Desiree Nguyen Orth – East Bay Community Law Center Kali Miller – PTNSVC… Read More

In Sharlene Shu v. Toyota Motor Sales USA, Inc., No. 3:22-cv-04661-LB, 2023 U.S. Dist. LEXIS 68626, at *20-22 (N.D. Cal. Apr. 19, 2023), Judge Beeler dismissed a CLRA class action due to failure to give proper pre-suit notice. First, Ms. Shu did not provide the written notice required by the CLRA. If a plaintiff sues for damages under the CLRA, she… Read More

Today, the DFPI issued Notice of the next Advisory Committee meeting, scheduled for May 1, 2023 at 10:00 a.m. PST.  The meeting will take place virtually, will be open to the public, and will be led by Senior Deputy Commissioner Suzanne Martindale and Deputy Commissioner Melinda Lee. The next meeting of the committee will take place virtually on May 1,… Read More

In Gasca-Lara v. Jackson, No. 3:21cv212, 2023 U.S. Dist. LEXIS 64028, at *3-5 (N.D. Ind. Apr. 12, 2023), Judge Leichty dismissed a lessor from a vehicle accident personal injury case. J.B. Lease says it is immune from liability in this case under the Graves Amendment. The Graves Amendment provides: (a) An owner of a motor vehicle that rents or leases… Read More

In Pascal v. Concentra, Inc., No. 22-15033, 2023 U.S. App. LEXIS 8858, at *2 (9th Cir. Apr. 13, 2023), the 9th Circuit Court of Appeals summarily affirmed a TCPA dismissal. Pascal's argument that Concentra violated the TCPA when it messaged him using Textedly, an online text-messaging service, is foreclosed by our decision in Borden v. eFinancial, LLC, 53 F.4th 1230… Read More