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In Makaron v. Enagic USA, Inc., 2018 WL 1311400, at *2 (C.D.Cal., 2018), Judge Pregerson certified a TCPA class against a telemarketer, finding that class-certification was not the time to determine whether an ATDS was used and that administrative feasibility is not a prerequisite to class certification. As an initial matter, the court observes that Defendant devotes a substantial portion of… Read More

Readers know that we've complained about this before -- that Courts apply different standards in individual and class actions when it comes to determining whether a debt was incurred primarily for consumer or business purposes.  (Hyman & Walser-Jolly, The Effect of the FDCPA’s “Consumer Limitation on Class Certification: Do Courts Apply Different Standards in Individual and Class Actions? 70 Conf.… Read More

In Davidson v. Seterus, Inc., 2018 WL 1281873, at *7–10 (Cal.App. 4 Dist., 2018), the Court of Appeal found that a mortgage servicer was subject to the Rosenthal Act. Although the defendants concede that “secured debt could still be a 'consumer debt,' “ they nevertheless argue that this “does not mean a mortgage debt is a consumer debt.” The defendants… Read More

In Fishman v. Tiger Natural Gas, Inc., 2018 WL 1242076, at *2–3 (N.D.Cal., 2018), Judge Alsup allowed a call-recording class action to proceed. Tiger argues that plaintiffs’ allegations regarding the sales calls — namely that (1) the parties discussed plaintiffs’ PG&E account information, (2) the calls were not made in a public setting, and (3) many other telemarketers disclose that… Read More

In Florence v. Cenlar Federal Savings & Loan, 2018 WL 1145804, at *5–7 (D.Nev., 2018), Judge Navarro held that a mortgage debt was accurately reported through and after Chapter 13 bankruptcy proceedings. As a court stated in this District, “[t]he [c]ourt was unaware of any statute or case providing that discharge in bankruptcy makes a debt unreportable as opposed to uncollectable.”… Read More

In O'Dell v. National Recovery Agency, 2018 WL 1172435, at *11–13 (E.D.Pa., 2018), Judge Smith granted class cert in an FDCPA case over procedural objections to the class definition. . . .NRA contended that its net worth is $84,000. A net worth this low could foreseeably result in a de minimis recovery for each individual class member (one percent of $84,000… Read More

In Stewart v. Equifax Information Systems, LLC,, 2018 WL 1138286, at *13–14 (D.Kan., 2018), Judge Crabtree denied summary judgment to an FCRA plaintiff and granted summary judgment to a furnisher arising out of the furnisher's providing information about a credit card account that the Plaintiff's ex-husband took out without her consent.  The Court offers an interesting discussion of how… Read More

In Romero v. Department Stores National Bank, 2018 WL 1079728, at *1 (C.A.9 (Cal.), 2018), the Court of Appeals for the Ninth Circuit held in an unpublished decision that a TCPA plaintiff had Spokeo standing. The district court erred in concluding that Romero lacked standing under Article III to bring a TCPA claim. The district court did not have the benefit of Van… Read More

In Carlton & Harris Chiropractic, Inc. v. PDR Network, LLC, 2018 WL 1021225, at *2–4 (C.A.4 (W.Va.), 2018), the Court of Appeals for the 4th Circuit held that the Hobbs Act prevented the District Court from side-stepping the FCC's Rules. The question presented is whether and when a fax that offers a free good or service constitutes an advertisement under… Read More

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