Soter, Hyman, & Ladi, An Overview of Developments Under California's Consumer Financial Protection Law and Debt Collection Licensing Act, 75, Conf. Cons. Fin. L. Q. R. 39 (2021) Mr. Hyman is a member of the DFPI's Debt Collection Advisory Committee, and can be reached at sjh@severson.com Read More
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, up to $750 per person. Accordingly, since the CCPA’s enactment, compliance practitioners have advised their clients to shore up their… Read More
The American Bar Association's Consumer Financial Service Committee published Genevieve Walser-Jolly's and Scott Hyman's article entitled "The California Consumer Privacy Act's 30-Day Right to Cure" in its Winter Newsletter on December 05, 2019. A copy of the Article can be found at: https://www.americanbar.org/groups/business_law/publications/committee_newsletters/consumer/2019/201911/consumer/ Read More
View full article here. Scott J. Hyman is a Certified Information Privacy Professional (U.S.) and is the Data Protection Officer and Vice Chair of the Financial Services Practice Group of Severson & Werson, P.C. Mr. Hyman is a member of the Executive Committee of the Conference on Consumer Finance Law, and specializes in representing automobile finance companies and consumer lenders.… Read More
Genevieve Walser-Jolly and Colin Murphy authored Chapter 10A on the California Consumer Privacy Act in California’s CEB practice guide “Privacy Compliance and Litigation in California” which currently is available on-line and in print. Read More
The California Song-Beverly Consumer Warranty Act Overview of the California Song-Beverly Act, edited by Kerry Franich and Scott Hyman. Thompson-Reuters’ Practical Law Series summaries various areas of the law, and is edited by outside practitioners with experience in the subject matter. For more information, please contact Scott Hyman at sjh@severson.com. Read More
Hyman, S.J.; Walser-Jolly, G.; Guzzetta, J.; & Wenrick, C. (Summer 2019). Unconscionability and Contractual Consent-to-Call Clauses Under the Telephone Consumer Protection Act, 73 Conf. Cons. Fin. L. Q. 25. For more information, see TCPA Unconscionability Article. Read More
Hyman, S.J., and Mohseni, T., California Court of Appeal Finds that the FTC Holder Rule Limits a Holder’s Liability for a Consumer’s Attorneys Fees, 72 Conf. on Cons. Fin. L. Q. 432 (Spring 2019). To view the full article, click here. Read More
Insurance Coverage Under Directors & Officers Liability Insurance Policies for Claims Brought Under the Telephone Consumer Protection Act, 72 Conf. Cons. Fin. L. Q. 58 (Summer 2018) Read More
Predatory Servicing Article -- 2018 Read More
Beyond the Basics of the California Consumer Privacy Act: Unanticipated Challenges in Complying with the New Privacy Law, Orange County Lawyer Magazine, April 2019, Vol. 61, No. 4, Page 28. For full article, click here. Read More
Under both the federal Fair Credit Reporting Act (FCRA) and California Investigative Consumer Reporting Agencies Act (ICRAA), before obtaining a credit report on a job applicant, an employer must first give the applicant a “clear and conspicuous” written disclosure in a document consisting “solely” of the disclosure that the employer may obtain a credit report. Though the two laws’ requirements… Read More
View the SW Winter 2019 Newsletter Since its founding over 70 years ago, Severson & Werson has gained a reputation for providing specialized advice, legal services, and expertise to financial institution clients. The services we provide run the gamut from litigation to regulatory matters to client counseling, legislative affairs, and formulating and implementing nationwide strategies for consumer class action defense. The… Read More
Hungry for Change: An Overview of California Waste and Donation Legislation Read More
Master service agreements for design and construction professionals are bad for business – for lawyers! For the design professional, construction manager, or other construction professional, master service agreements are almost always a great business opportunity and an even better risk management tool. The Severson & Werson Construction Group explored multiple and overlapping reasons for this along with "Knowing Your Limitations: A… Read More
On November 7, 2018, Severson & Werson co-sponsored the Women, Diversity & Change Summit in San Francisco, California. Members Kristin Walker-Probst and Mary Kate Sullivan attended and moderated a panel on Unconscious Bias and Discrimination and Succeeding in Male-Dominant Environments respectively. For more information, click here. Read More
The Basics: Mortgage Servicing Compliance 101 – 2 Credits Everything starts with the fundamentals. Fitting for the professionals new to the industry or seasoned servicers for the reinforcement of basics learned long ago, this course offers the participants the chance to lay down a foundation of knowledge surrounding servicing and loan ownership transfers, account maintenance, escrow accounts, force-placed insurance, and… Read More
Any person who “causes” an employee to be paid” less than the minimum wage set by state or local law is liable for a civil penalty as is any person who “causes to be violated” laws governing overtime pay. The civil penalties can be serious: for first time intention violations: $50 or $100 per underpaid employee per pay period; for… Read More
The California Legislature enacted the Homeowner Bill of Rights (“HBOR”) in 2012 to provide protection for homeowners facing non-judicial foreclosure and to modify certain aspects of the foreclosure process. Many (but not all) HBOR statutes were scheduled to sunset on January 1, 2018. Of the statutes that were scheduled to sunset, many (but not all) were replaced by parallel statutes… Read More
On April 30, 2018, the California Supreme Court clarified the landscape for California employment law. The Court announced a new three-pronged “ABC” test which must be used to determine whether a worker is an independent contractor or an employee. The impact of this new legal framework is immediately clear for the gig economy but its reverberations will be felt throughout… Read More
