Today, the Dept. of Treasury issued an analysis of the CFPB's Arbitration Rule, entitled Limiting Consumer Choice, Expanding Costly Litigation: An Analysis of the CFPB Arbitration Rule.  The Dept. of the Treasury concluded that In view of these defects, it is clear that the Rule does not satisfy the statutory prerequisites for banning the use of arbitration agreements under the… Read More

In Montegna v. Ocwen Loan Servicing, LLC, 2017 WL 4680168, at *8–9 (S.D.Cal., 2017), the District Court found that a Rosenthal Act claim survived a statute of limitations challenge based on the plaintiff's allegation of a "continuing violation". Second, as for Plaintiff's claim under the Rosenthal Act, the applicable statute of limitations provides a plaintiff a year from an alleged violation to… Read More

In Hemmings v. Camping Time RV Centers, LLC, 2017 WL 4552896, at *8 (N.D.Ga., 2017), Judge Thrash dismissed independent Holder Rule claims against the holder of an RISC for an RV because the FTC Holder Rule only subjects the holder to claims that can brought against the seller. Next, Bank of America argues that the Plaintiff's FTC Holder Rule claim should be… Read More

In Muhammad v. Reese Law Group, APC,  2017 WL 4557194, at *5 (S.D.Cal., 2017), Judge Anello held that alleged mispresentations made in a debt collection complaint were barred by the Rooker-Feldman doctrine. Here, the Court finds Plaintiff's misrepresentation and over-collection claim is barred by the Rooker-Feldman doctrine. Plaintiff argues she “does not challenge the validity of the 2001 money judgment,” thus Rooker-Feldman is… Read More

In San Pedro-Salcedo v. The Haagen-Dazs Shoppe Company, Inc., 2017 WL 4536422, at *2 (N.D.Cal., 2017), Judge Davila found that a confirming text may be, on the facts pleaded, an advertisement that triggers the TCPA. Defendants contend that the text is not advertising or telemarketing because it does not encourage Plaintiff to purchase property, goods or services. Plaintiff argues that the… Read More

Dear Subscribers, We are proud to announce that Severson & Werson's Personal Property Finance weblog  (www.calautofinance.com) enters its 10th year, we have decided to export it to the Firm's main (and new and improved!) website (www.severson.com).  Your subscriptions to receive our periodic e-mails also will be exported to the new site and yours truly is proud to continue my involvement… Read More

In Farrish v. Navy Federal Credit Union, 2017 WL 4418416, at *2–3 (D.Md., 2017), Judge Chasanow dismissed a TCPA claim based on debt collection calls placed by a credit munition because such calls are exempt from the TCPA. The TCPA prohibits certain problematic telephone solicitation practices. 47 U.S.C. § 227(b). In enacting the TCPA, Congress allowed the Federal Communications Commission (“FCC”)… Read More

In Simpson v. Safeguard Properties, LLC., 2017 WL 4310674, at *4–7 (N.D.Ill., 2017), Judge Gottschall denied summary judgment to a door-hanger company who claimed that it was not subject to the FDCPA. The FDCPA “is not aimed...“at companies that perform ministerial duties for debt collectors, such as stuffing and printing the debt collector's letters.” White v. Goodman, 200 F.3d 1016, 1019… Read More

In Garcia v. Santander Consumer USA, Inc., 2017 WL 4325777, at *2–3 (E.D.Cal., 2017), Judge McGill ordered an auto finance case to arbitration, allowing the Arbitrator to determine the effect of McGill on the enforceability of the Arbitration clause. The arbitration provision stated in part, “Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not… Read More

In Eldridge v. Cabela's Inc., 2017 WL 4364205, at *9–10 (W.D.Ky., 2017), Judge Hale struck the Plaintiff's "stop" class, which Judge Hale re-characterized as a "revocation" class. Cabela's maintains that what Eldridge passes as “Stop” classes are really “Revocation” classes. In other words, the “Stop” classes are comprised of persons who had a prior relationship with Cabela's but subsequently revoked their… Read More