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9th Cir. Holds that Walls v. Wells Fargo Decision Does Not Prohibit FDCPA Claim Where the Post-Discharge Violation is Not Dependent on the Issuance or Enforcement of the Discharge Order

by Scott J. Hyman |

In Manikan v. Peters & Freedman, L.L.P., No. 19-55393, 2020 U.S. App. LEXIS 37176 (9th Cir. Nov. 25, 2020), the 9th Cir. distinguished its Walls decision to allow an FDCPA claim to proceed because the claim did not depend on the issuance or enforcement of the discharge order. P&F contends that Walls categorically bars a discharged debtor's FDCPA claims brought against… Read More

District Court (Cal.) Allows Rosenthal Act Claim Based on “Pay-by-Phone” Charges to Proceed Against Debt Servicer

by Scott J. Hyman |

In Elbert v. RoundPoint Mortg. Servicing Corp., No. 20-cv-00250-MMC, 2020 U.S. Dist. LEXIS 221611 (N.D. Cal. Nov. 25, 2020), Judge Chesney allowed a Rosenthal Act claim to proceed against a mortgage servicer based on charges assessed when the consumer made payments by telephone. As noted, a violation of the FDCPA constitutes a violation of the Rosenthal Act as well. See… Read More

District Court (Cal.) Says California TCPA Plaintiff Properly Sued Nevada Defendant in California, But, Since Plaintiff Sought to Represent a Class, Defendant’s Venue Choice of Nevada Controlled

by Scott J. Hyman |

In Neff v. Towbin Dodge LLC, No. 2:20-cv-00261-JAM-DMC, 2020 U.S. Dist. LEXIS 217045 (E.D. Cal. Nov. 18, 2020), Judge Mendez found that a TCPA Plaintiff properly sued in his home venue. The parties agree venue is not proper in the Eastern District of California under § 1391(b)(1), as neither Defendant is a resident of California. See FAC ¶¶ 7-10; Towbin's… Read More

California Court of Appeal Finds that Car Buyer, Who Paid Full Price at the Time of Sale but Was Required to Sign a RISC Rather than a P.O., Was Required to Arbitrate

by Scott J. Hyman |

In Marchetti v. Ford of Simi Valley, No. B297026, 2020 Cal. App. Unpub. LEXIS 7639 (Nov. 19, 2020), in an unpublished decision, ordered a case to arbitration under a RISC despite the Customers’ payment of full price and not financing the purchase.  The Court of Appeal found an assent to the arbitration agreement despite no financing taking place. The Marchettis… Read More

District Court (Cal.) Allows Data Breach Class Action to Proceed

by Scott J. Hyman |

In Stasi v. Inmediata Health Grp. Corp., No. 19cv2353 JM (LL), 2020 U.S. Dist. LEXIS 217097 (S.D. Cal. Nov. 19, 2020), Judge Miller allowed a data security breach class action to proceed.  The basis of the class action was as follows: According to Plaintiffs' FAC,1 Inmediata provides billing and health record software and service solutions to healthcare providers. (FAC ¶¶… Read More

DFPI Conference Call Provides Timeline for Licensing of Debt Collectors and Registration of Newly Covered Persons Under Mini-CFPB

by Laszlo Ladi, Jr. |

At an industry “listening session” on November 16, the California Department of Financial Protection and Innovation (DFPI) (formerly DBO) estimated a timeline for both the licensing requirement under the Debt Collectors Licensing Act (DLCA) and the registration requirement under the California Consumer Financial Protection Law (CCFPL). Both laws were enacted in the fall of 2020 and take effect January 1,… Read More

9th Cir. Says FCRA Plaintiff’s Description of Dispute to CRAs Brackets Furnisher’s Reinvestigation Obligation

by Scott J. Hyman |

InHernandez v. Specialized Loan Servicing Llc, Nos. 19-55163, 19-56313, 2020 U.S. App. LEXIS 36064 (9th Cir. Nov. 17, 2020), an unpublished decision, the Court of Appeals for the Ninth Circuit found against an FCRA Plaintiff. As to the FCRA claims, plaintiffs failed to establish that SLS neglected its duty to conduct reasonable investigations of the dispute notices it received from… Read More

District Court (Cal.) Grants Preliminary Approval of Settlement of Facebook Data Breach Class Action

by Scott J. Hyman |

In Adkins v. Facebook, Inc., No. C 18-05982 WHA, 2020 U.S. Dist. LEXIS 214006 (N.D. Cal. Nov. 15, 2020), Judge Alsup granted preliminary approval of the Facebook data breach class action. This case arises from the September 2018 hack of Facebook. A prior order detailed the facts (Dkt. No. 153). In brief, certain access tokens permitted access to Facebook users'… Read More

District Court (Cal.) Denies Stay of TCPA Case

by Scott J. Hyman |

In Weisbein v. Allergan, Inc., No. SA CV 20-0801 FMO (ADSx), 2020 U.S. Dist. LEXIS 208813 (C.D. Cal. Nov. 6, 2020), Judge Olguin refused to stay a TCPA case. Here, the competing interests affected by the proposed stay weigh in favor of plaintiff. The stay requested by defendants is indefinite. Although the Supreme Court has set oral argument for Duguid… Read More

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