During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.
Attorneys Joseph Guzzetta and Evelina Manukyan published an article with the International Association of Privacy Professionals entitled "How function creep may cripple app-based contact tracing". A link to the Article can be found at: https://iapp.org/news/a/how-function-creep-may-cripple-app-based-contact-tracing/ Read More
In Grant v. Regal Auto. Grp., No. 8:19-cv-363-T-23JSS, 2020 U.S. Dist. LEXIS 91897, at *7 (M.D. Fla. May 27, 2020) , the District Court certified a 'ringless voicemail' TCPA class. The plaintiff proposes administratively feasible methods for ascertaining class members. First, the plaintiff aims to use third-party records, which should determine the scope of the potential class with precision. Although… Read More
In Madadian v. Maserati N. Am., No. B293688, 2020 Cal. App. Unpub. LEXIS 3249, at *10-14 (May 26, 2020) , the Court of Appeal for the Second District held in an unpublished opinion that the costs a consumer incurred in exercising a lease-end purchase price were not recoverable as the "purchase price" under the Song-Beverly Act. 3. The vehicle purchase… Read More
In In re Capital One Consumer Data Sec. Breach Litig., No. 1:19md2915 (AJT/JFA), 2020 U.S. Dist. LEXIS 91736, at *5-9 (E.D. Va. May 26, 2020), Judge Anderson found that a consultant's report prepared in connection with a data breach was not entitled to work product protection and must be turned over to the Plaintiffs. The facts were as follows: On… Read More
In Wright v. USAA Sav. Bank, No. 2:19-cv-00591 WBS CKD, 2020 U.S. Dist. LEXIS 90576 (E.D. Cal. May 21, 2020), Judge Shubb found no revocation of consent under the TCPA where the consumer purposefully mailed the revocation letter to the wrong address. Under the facts presented here, no reasonable trier of fact could find that plaintiff used reasonable means to… Read More
In Sarrouf Law LLP v. First Republic Bank, 97 Mass. App. Ct. 467, 471-79 (2020), the Massachusetts Court of Appeals held that a law firm's negligence action against its bank arising out of the dishonor of funds the firm deposited in the bank due to the fraud of a client was properly dismissed because the bank had no duty to detect… Read More
In Alcivar v. Enhanced Recovery Co., No. 17-CV-2275 (ILG), 2020 U.S. Dist. LEXIS 88998, at *3-6 (E.D.N.Y. May 20, 2020), Judge Glasser awarded $33,916.84 in attorneys' fees and $2,769.14 in costs to defense counsel based on the following facts. Discovery proved contentious, in two ways. First, Tawanda Frazier refused to comply with Defendant's subpoena. (ECF No. 16 at 2). Second,… Read More
In Norton v. Lvnv Funding, No. 18-cv-05051-DMR, 2020 U.S. Dist. LEXIS 88809, at *1-2 (N.D. Cal. May 19, 2020), Magistrate Judge Ryu permitted amendment to allow assertion of an affirmative defense of "set-off". Plaintiff Sonya Norton filed this putative class action against Defendants LVNV Funding, LLC ("LVNV") and Law Office of Harris & Zide ("H&Z") alleging violations of the federal… Read More
In a recent weblog post, the CFPB warned against creditors undertaking unfair and discriminatory servicing of debts during the COVID-19 crisis. The CFPB explained: We are monitoring the marketplace in real time and coordinating on an ongoing basis with fellow Federal and State regulators who are committed to stopping COVID-19-related malfeasance. We are taking, and will continue to take, swift… Read More
In Greene v. TrueAccord, Case 3:19-cv-06651-EMC (N.D. Cal. 2020), here, Judge Chen dismissed an FDCPA case premised on the Plaintiff's claim that the defendant could not e-mail the FDCPA's validation notice. Ms. Greene contends that TA violated the FDCPA by sending her the validation notice by email – as part of the initial communication – without complying first with the… Read More
