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Consumer Finance

7th Cir. Rejects “Benign Language” Exception to Prohibition Against Language on Dunning Letters’ Envelopes

In Preston v. Midland Credit Mgmt., No. 18-3119, 2020 U.S. App. LEXIS 1775 (7th Cir. Jan. 21, 2020), the Court of Appeals for the Seventh Circuit rejected a ‘benign language’ exception to section 1692f(8), finding that an envelope’s label “TIME…

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California Appellate Tracker

City of San Juan Capistrano v. California Public Utilities Commission

Under City of South Lake Tahoe v. California Tahoe Regional Planning Agency (9th Cir. 1980) 625 F.2d 231, 233 and its progeny, a state’s political subdivisions lack standing to challenge a state statute on constitutional grounds in federal court.  That rule applies to as-applied as well as facial challenges to state statutes.  Also, since the PUC is an arm of…

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News, Publications & Events

S&W Publish a Litigator’s Look at the CCPA’s “Reasonable Security Procedure and Practice” Standard

Effective January 1, 2020, the California Consumer Privacy Act imposes liability on businesses for a data breach that results from the failure to maintain reasonable security procedures and practices.  The CCPA’s liability for such a data breach can be daunting,…

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