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In Brown v. DirecTV, LLC, No. CV 13-1170 DMG (Ex), 2021 U.S. Dist. LEXIS 231014, at *15-23 (C.D. Cal. Dec. 1, 2021), Judge Gee discussed how wrong number codes might impact class certification. But that does not mean that Plaintiffs' procedure is otherwise improper—if done in the proper sequence. The Class is defined to include only non-customers, and DirecTV has… Read More

In Romoff v. GM LLC, No. 21-cv-00938-WQH-BGS, 2021 U.S. Dist. LEXIS 231369, at *9 (S.D. Cal. Dec. 2, 2021), Judge Hayes dismissed a complaint alleging that a vehicle manufacturer's disclosure of a destination charge was deceptive because it did not also disclose that such charge contained a profit element. Plaintiffs allege that by calling the charge a "Destination Charge," GM… Read More

In In re Portfolio Recovery Assocs., LLC, No. 11md02295 JAH - BGS, 2021 U.S. Dist. LEXIS 216747, at *32-34 (S.D. Cal. Nov. 9, 2021), Judge Houston denied TCPA plaintiffs' request for further discovery from the dialer manufacturer on whether its product was an ATDS. On May 27, 2021, this Court granted Plaintiffs' motion seeking to reopen discovery for the limited… Read More

In Canesco v. Ford Motor Co., No. 3:21-cv-00425-BEN-RBB, 2021 U.S. Dist. LEXIS 213644, at *32-33 (S.D. Cal. Nov. 4, 2021), Judge Benitez engaged in a thorough analysis of Song-Beverly's remedies in order to determine whether the amount in controversy required for federal jurisdiction was satisfied. The Court finds that this purchase price must be reduced by both the amount of… Read More

On October 27, 2021, the Federal Trade Commission ("FTC") announced important updates to the Gramm-Leach-Bliley Act's (the "Act") primary consumer protection rules. Enacted in 1999, the Act implemented regulations on financial institutions with regard to consumer privacy and data security concerns. It includes two primary parts, or "rules": the Privacy Rule and the Safeguards Rule. The Privacy Rule limits disclosure… Read More

Over a strong dissent, the 11th Cir. Panel that issued the Hunstein decision affirmed the prior decision, holding "(1) that the violation of § 1692c(b) alleged in this case gives rise to a concrete injury in fact under Article III, and (2) that the debt collector’s transmittal of the consumer’s personal information to its dunning vendor constituted a communication “in connection… Read More

Governor Gavin Newson approved SB 531 on October 4, 2021. The bill sponsored by Senator Bob Wieckowski (D-Fremont) allows consumers to request verification that debt collectors collecting on delinquent debts have the authority to collect a debt and also prohibits a debt collector from making any written statements to a debtor in an attempt to collect a debt unless the… Read More

Smith v. Trans Union LLC, No. 20-4233, 2021 U.S. Dist. LEXIS 198812 (E.D. Pa. Oct. 14, 2021), Judge Savage dismissed an FCRA case premised on an alleged inconsistency in reporting an account as closed with a zero balance but also a past due balance. The issue in these Fair Credit Reporting Act (FCRA) actions is whether a consumer reporting agency's… Read More

In Estate of O'Shea v. Am. Solar Sols., Inc., No. 14cv894-L-RBB, 2021 U.S. Dist. LEXIS 199171 (S.D. Cal. Oct. 15, 2021), Judge Lorenz substituted a deceased TCPA Plaintiff’s estate as Class Representative. Next, substitution may be made by a successor only if the claim is not extinguished by the death of the named party. Fed.R.Civ.P. 25(a)(1). The issue of survivability… Read More

On October 6, 2021, Governor Newsom signed several new bills into law: AB 1391 Adds section 1724 to the Civil Code and makes it unlawful for anyone to sell or sell access to data that was unlawfully obtained.  Similarly, it is unlawful for anyone to buy or use data that they know, or should know, was unlawfully obtained. AB 694 … Read More

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