Our apologies for some recent spam, delays in getting posts up, and posts appearing on the weblog without text. Microsoft's update of Internet Explorer reeked havoc on our weblog, and we've worked most of the kinks out with an upgrade of the website's software. We appreciate your indulgence, and posts will begin again. Our next step will involve a facelift… Read More
In Boggio v. USAA Federal Sav. Bank, 2011 WL 3876525 (S.D.Ohio 2011), Judge Weber found a credit union’s re-investigation reasonable under FCRA where the Plaintiff claimed that the vehicle purchase contract on which he was a co-buyer was procured without his consent, explaining: “[D]istrict courts that have considered the issue have consistently recognized that the creditor's investigation must be… Read More
In Unangst v. Evans Law Associates, P.C., --- F.Supp.2d ----, 2011 WL 2855318 (N.D.N.Y., 2011), Judge Sharpe declined to exercise jurisdiction over the debt collection counter-claim in a pending FDCPA action, explaining: While not directly ruling on the issue, the court notes Unangst's argument and finds persuasive the line of cases which have held that even if supplemental jurisdiction were found, there… Read More
In Smith v. EVB, 2011 WL 2689061 (4th Cir. 2011), the Court of Appeals found a mixed-use commercial/consumer debt to possibly be subject to the FDCPA. The loan transactions were as follows: According to Smith, the purpose of the 2004 loan was the purchase and ownership of Smith's per-sonal residence (“the Wilton House”). Smith con-tends that he created Piedmont for the sole… Read More
In Garrett v. Ragle Dental Laboratory, Inc., 2011 WL 2637227 (N.D.Ill. 2011), Judge Buklo held that since the TCPA arises under federal law, federal law controls whether indemnification arise. In the absence of Congressional action providing an indemnity right, there is no indemnity right for TCPA claims. Ragle points out that no court has specifically held that the TCPA… Read More
On the same day that Judge Kelley issued the Velasquz decision, Judge Doty held the opposite in Carpenter v. RJM Acquisitions, LLC -- F.Supp.2d --, 2011 WL 2148382 (D. Minn. 2011): Carpenter failed to follow the appropriate statutory procedure to dispute the debt. See 15 U.S.C. § 1692g(b) (outlining steps for consumer to dispute debt). If the consumer does not dispute… Read More
In Hasbrouck v. Arrow Financial Services LLC, 2011 WL 1899250 (N.D.N.Y. 2011), Judge D’Agostino held that merely filing suit on a debt without documentation to support the debt at the time of the lawsuit does not violate the FDCPA, because a false or misleading representation requires materiality. The majority of district and appellate courts have routinely held that, “the filing… Read More
Judge Mueller didn't actually channel the late-George Carlin. But, in Probasco v. IQ Data Intern., 2011 WL 1807429 (E.D. Cal. 2011), Judge Mueller held that Iqbal/Twombly require a Plaintiff to plead the profane or inappropriate language allegedly used by a debt collector. Before a debt collector's language falls within the prohibition against harassment, it must be “akin to profanity or… Read More
In Mauk v. Pioneer Ford Mercury, --- S.E.2d ----, 2011 WL 1107031 (Ga.App. 2011), the Court of Appeal held that a customer who purchased a lemon vehicle Sheila Mauk bought a new Mustang in May 2007, and within three weeks brought it back to the dealership, Pioneer Ford Mercury, with complaints about the transmission. Over the next nine… Read More
Dear 'blog Users, Our state and federal appellate courts in California just haven't been that busy on issues facing us recently. Perhaps that's a good thing. It's not that we haven't been checking; we just haven't seen good, blog-worthy cases to fill your email box with. We did not want to get to the end of the Holiday Season without giving thanks… Read More
