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RICO

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District Court (Va.) Allows Student Loan Servicer’s RICO (and other) Claims Proceed Alleging Efforts by the Defendants to Manufacture TCPA litigation and Arbitration Claims

by Scott J. Hyman |

In Navient Sols., LLC v. Law Offices of Jeffrey Lohman, No. 1:19-cv-461(LMB/TCB), 2020 U.S. Dist. LEXIS 65648, at *22-25 (E.D. Va. Apr. 14, 2020), Judge Brinkema allowed a number of claims, including RICO, to proceed arising from an alleged scheme to defraud a national student loan servicer through manufactured TCPA litigation and arbitration claims. Lastly, defendants argue that even if… Read More

District Court (Cal.) Says Auto Finance Company Was Not a Racketeer Because It Securitized its RISCs

by Scott J. Hyman |

In Sepehry-Fard v. MB Financial Services, 2015 WL 903364 (N.D.Cal. 2015), Judge Freeman found, among other things, that an auto finance company was not a racketeer because it securitized an in-pro-per Plaintiffs’ Retail Installment Sales Contract. It is unclear what Plaintiff means when he alleges that Defendant faked the securitization of his loan. There are no facts alleged to suggest… Read More