Consumer Finance

In Golan v. FreeEats.com, Inc., No. 17-3156, 2019 U.S. App. LEXIS 21015 (8th Cir. July 16, 2019), the Court of Appeals for the Eighth Circuit reduced an aggregate TCPA verdict on due process grounds. The jury returned a verdict in favor of Dr. Leininger and the other defendants. The district court entered judgment against ccAdvertising based on its prior grant… Read More

On July 12, the Governor chartered AB 1821, which seeks to overturn Lafferty’s cap on the Holder Rule.  AB 1821 adds Civil Code 1459.5 to the Civil Code, which now states A plaintiff who prevails on a cause of action against a defendant named pursuant to Title 16, Part 433 of the Code of Federal Regulations or any successor thereto, or… Read More

In Murillo v. A Better Way Wholesale Autos & Westlake Servs., Llc, No. 3:17-CV-1883 (VLB), 2019 U.S. Dist. LEXIS 117043 (D. Conn. July 15, 2019), Judge Bryant confirmed a runaway arbitration award against a car dealer.  The parties agreed to arbitrate their disputes before the American Dispute Resolution Center ("ADR") as a desk arbitration and under the American Arbitration Association… Read More

In Dixon v. AmeriCredit Fin. Servs., No. 19-30123, 2019 U.S. App. LEXIS 20319 (5th Cir. July 9, 2019), the Court of Appeals held that GM Financial’s repossession was proper. GM Financial submitted the following unrebutted summary-judgment evidence showing it complied with these requirements before repossessing Dixon's car: Dixon's car lease—proving that it was a month-to-month lease. Dixon's payment record—establishing that… Read More

In Donald Cable v. Midland Funding, No. 3:19-CV-00015-GFVT, 2019 U.S. Dist. LEXIS 115597 (E.D. Ky. July 11, 2019), Judge Van Tatenhove dismissed an FCRA claim. The Complaint acknowledges that CCU was notified of Mr. Cable's dispute and CCU subsequently verified the debt with the credit reporting agencies, [R. 1 at ¶¶ 30-31], but leaves the Court left to guess as… Read More

In Cavalry SPV I, LLC v. Watkins, No. D072299, 2019 Cal. App. LEXIS 603, at *12-15 (Ct. App. July 1, 2019), the California Court of Appeal addressed the evidence necessary to prove up a credit card debt in a debt collection action. Assuming without  deciding that California law applies, a party may accept a contract by conduct, as well as… Read More

In Muzyka v. Rash Curtis & Assocs., No. 2:18-cv-01097 WBS, 2019 U.S. Dist. LEXIS 111795, at *12-14 (E.D. Cal. July 3, 2019), Judge Shubb denied summary judgment to a debt collector on a call-volume case. Defendant is correct that many district courts considering Section 1692d(5) claims have granted summary judgment for defendants where there is a high volume of calls… Read More

In Blair v. Rent-A-Center, Inc., No. 17-17221, 2019 U.S. App. LEXIS 19476 (9th Cir. June 28, 2019), the Court of Appeals for the 9th Circuit held that the F.A.A. does not pre-empt the California Supreme Court’s McGill decision.  The Court of Appeals summarized its decision as follows: The panel affirmed the district court's denial of Rent-A-Center's motion to compel arbitration… Read More

In Sanchez v. U.S. Bank Nat'l Ass'n, No. 8:18-cv-00500-JLS-KS, 2019 U.S. Dist. LEXIS 108692 (C.D. Cal. June 27, 2019), Judge Staton denied an FCRA/CCRAA Plaintiff’s MSJ that proceeded on the claim that the Plaintiff’s father allegedly falsely took out credit on Plaintiff’s behalf.  The facts were as follows: On August 22, 2015, an individual whom Plaintiff claims is his father,… Read More

In Picton v. Greenway Chrysler-Jeep-Dodge, No. 6:19-cv-196-Orl-31DCI, 2019 U.S. Dist. LEXIS 103796 (M.D. Fla. June 21, 2019), Judge Presnell allowed a TCPA claim to proceed based on “calls” placed by ringless technology. The So-called "ringless" voicemail technology allows advertisers to transmit recorded messages via the Internet directly to the voicemail box associated with a cellular telephone without causing the [*2]  phone… Read More