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In de la Torre v. CashCall, LLC.,  2018 WL 3827233, at *1 (Cal., 2018), the California Supreme Court found that "nothing in California law prohibits a court from making an inquiry into the nature of a consumer loan agreement of at least $2,500 and the interest rate provided therein."   "As such, just because loans of at least $2,500 are not… Read More

At the American Bar Association's meeting in Chicago this month, the ABA Section of Civil Rights and Social Justice proposed Resolution 104B on discrimination in auto lending, a copy of which can be found here.  The resolution was withdrawn for further consultation with the ABA's Business Law Section. http://www.abajournal.com/news/article/house_adopts_trio_of_resolutions_on_gender_family_and_sexual_orientation Read More

In Tepper v. Amos Financial, LLC, 2018 WL 3733862, at *6 (C.A.3 (Pa.), 2018), the Court of Appeals for the Third Circuit found that a debt buyer is still subject to the FDCPA post-Henson because the principal purpose was the collection of defaulted debt. Many would gladly pay Tuesday for a hamburger today. Of course, not all of those who… Read More

In Few v. Receivables Performance Management,  2018 WL 3772863, at *2–3 (N.D.Ala., 2018), Judge Owen Bowdre granted summary judgment to a debt collector based on Reyes. In this case, Ms. Few contends that, although she may have initially provided DISH— and, by extension, Receivables, which acted as DISH’s agent for the purpose of debt collection—with consent to call the 0268… Read More

In Harris v. Navient Solutions, LLC (f/k/a Sallie Mae), 2018 WL 3748155, at *2–3 (D.Conn. 2018), Judge Chatigny granted summary judgment to a TCPA defendant under Reyes.  The Second Circuit has held that “the TCPA does not permit a party who agrees to be contacted as part of a bargained-for exchange to unilaterally revoke that consent.” See Reyes v. Lincoln… Read More

In Abanta Rooter and Plumbing, Inc., v. Alarm.com, Inc., 2018 WL 3707283, at *6–7 (N.D.Cal., 2018), Judge Gonzalez-Rogers denied all parties' motions for summary judgment as to what constituted an ATDS. The record indicates that Nationwide, Alliance’s purported agent, used the Ytel Dialer to place calls to the cell phones of members of the Cell Phone Class. (Terrell Decl., Ex.… Read More

In Gary v. TrueBlue, Inc., 2018 WL 3647046, at *6–8 (E.D.Mich., 2018), Judge Drain denied a TCPA Plaintiff's Motion for Summary Judgment on the basis that he had failed to prove that the text messages that he received were sent by means of an ATDS. Plaintiff argues that WorkAlert is an ATDS because WorkAlert can both (1) dial numbers from… Read More

In Caseman v. Silver Schools Credit Union, 2018 WL 3620484, at *5 (D.Nev., 2018), Judge Boulware granted summary judgment to a furnisher who submitted corrections to a consumer's account information to a CRA, but where the CRA did not make the change because it did not comply with the CRA's internal formatting. The Court finds that Silver State acted reasonably and… Read More

In Vangorden v. Second Round, Limited Partnership, 2018 WL 3595759, at *4–5 (2nd Cir., 2018), the Court of Appeals discussed whether the validation process must first be engaged by the consumer before the consumer can state a claim. Second Round argues that it is evident from this statutory scheme—which affords consumers the right to dispute debts, precludes efforts to collect… Read More

In Morgan v. U.S. XPRESS, Inc., CHRISTOPHER MORGAN,  2018 WL 3580775, at *2–3 (W.D.Va., 2018), Judge Moon found that a TCPA Plaintiff had to distinguish between cell phone lines and land-lines. To start, Plaintiff's characterization of the cell phone as a “residential, cellular telephone line” is not determinative of this question. These are not factual allegations, but legal terms drawn… Read More

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