Skip to Content (Press Enter)

Skip to Nav (Press Enter)

Effective, Experienced, Exceptional.

Firm Profile

Affirmative Defenses -- Contribution

Subscribe to Consumer Finance

Thank you for your desire to subscribe to Severson & Werson’s Consumer Finance Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

District Court (Fla.) Says Common Law Negligence Defenses Apply to Negligent Violation of the FCRA

by Alisa A. Givental |

In Robinson v. National Credit Systems, Inc., 2018 WL 1877462 (M.D.Fla.), 4 (M.D.Fla., 2018), the District Court struck a number of affirmative defenses as not resembling actual defenses, but let stand an affirmative defense to an FCRA claim derived from common law negligence. In its fifth affirmative defense, National argues, “any damages suffered by the Plaintiff[s] should be apportioned in… Read More

District Court (Ala.) Grant’s Furnisher’s Motion to Compel Production of CRA’s Settlement with the Plaintiff; The Plaintiff’s Injuries Caused by the Furnisher Were Indivisible

by Scott J. Hyman |

In Williams v. LVNV Funding, LLC, 2017 WL 1331014, at *1–2 (N.D.Ala. 2017), Judge Owen Bowdre compelled production of a FCRA plaintiff's settlement with the CRA. Before the court is the Plaintiff Michael Williams' motion to reconsider and motion to stay order to compel disclosure. (Doc. 71). Previously, the court granted Defendants' motion to compel the disclosure of the terms… Read More

District Court (Cal.) Finds FACTA/FCRA Provides No Right to Contribution/Indemnity

by Scott J. Hyman |

In Gonzalez v. Harris Farms, Inc., 2014 WL 6981429 (E.D.Cal. 2014), Judge O'Neill dismissed a cross-complaint for indemnity arising out of a purported FACTA violation. On December 4, 2013, Plaintiff Jose Gonzalez (“Gonzalez”) brought an action on behalf of himself and all others similarly situated in the Superior Court of the State of California, County of Fresno against Harris Farms, the owners… Read More