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5th Cir. Reverses Class Cert. in FDCPA “Threat to Sue” Case Due to Absence of Commonality on Intent

by Scott J. Hyman |

In Flecha v. Medicredit, Inc., No. 18-50551, 2020 U.S. App. LEXIS 481 (5th Cir. Jan. 8, 2020, the Court of Appeals for the Fifth Circuit reversed class certification in an FDCPA case. This class fails for similar reasons. Every member of the putative class received the same allegedly threatening letter from Medicredit. But the FDCPA penalizes empty threats, not all… Read More

Severson & Werson Attorneys Publish a Litigator’s Look at What Constitutes a “Reasonable Security Procedure” Under the California Consumer Privacy Act

by Elizabeth C. Farrell |

The CCPA went live on January 1, 2020, creating a cause of action and potential liability of between $100 to $750 per person for a data breach deriving from a business' failure to maintain reasonable policies and procedures.  Unfortunately, the CCPA does not define the term "reasonable".  While compliance lawyers and consultants properly have been advising their clients to shore… Read More

The California Legislature Sneaks Another One In: Pay Your Arbitration Fees on Time or You’re In Breach

by Scott J. Hyman |

The California Legislature enacted SB 708, effective January 1, 2020, as a further attack on arbitration in California.  SB 708 states, in part, that: In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration provider, that the drafting party pay certain fees and costs during the… Read More

FTC Summarizes Guidance on Reasonable Security Measures Following Multiple Settlements over the Last 2-years

by Scott J. Hyman |

The FTC issued a press release summarizing, and providing links to, the various data breach settlements that it has reached with businesses in the last two years.  The FTC summarized its efforts to improve its data security orders and, in doing so, suggested the types of measures the FTC looks for in determining whether a business has implemented reasonable data… Read More

California Court of Appeal Says, “Use a Stamp!”

by Scott J. Hyman |

In Dalessandro v. Mitchel, No. BC293472, 2019 Cal.App.LEXIS 1309 (Ct.App. Dec. 17, 2019), the Court of Appeal said that service is ineffective by proof of mailing unless there is proof that the mailing was properly paid for. We conclude the trial court did not err in denying the motion to compel. The trial court found service of the demand to… Read More

Court of Appeal (Cal.) Says Call Recording Statute Applies Only to Third Party “Eavesdropping”, Not to Parties to the Call

by Scott J. Hyman |

In Smith v. LoanMe, Inc., No. E069752, 2019 Cal. App. LEXIS 1282, at *2-4 (Ct. App. Dec. 20, 2019), the California Court of Appeal addressed the scope of a cause of action under Penal Code 632.7.  The facts were as follows: LoanMe is in the business of providing personal and small business loans. Smith's wife is the borrower on a… Read More

SCOTUS Rejects Discovery Rule for SofL in FDCPA Cases

by Scott J. Hyman |

In Rotkiske v. Klemm, 28 Fla. L. Weekly Fed. S. 8 (U.S. 2019), the Supreme Court rejected the application of a discovery rule in FDCPA cases. Rotkiske does not contest the plain meaning of §1692k(d)’s text or claim that he brought suit within one year of the alleged FDCPA violation. Instead, he suggests that we should interpret §1692k(d) to include… Read More

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