In Zabriskie v. Fannie Mae, Nos. 17-15807, 17-16000, 2019 U.S. App. LEXIS 30147, at *14-17 (9th Cir. Oct. 8, 2019), the Court of Appeals for the Ninth Circuit held that Fannie Mae is not a consumer reporting agency. The facts were as follows: Fannie Mae is a government-sponsored entity that Congress created in 1938. Its mission is to provide liquidity… Read More
In Ammons v. Diversified Adjustment Serv., No. 2:18-cv-06489-ODW (MAAx), 2019 U.S. Dist. LEXIS 175842, at *12-14 (C.D. Cal. Oct. 9, 2019) , Judge Wright held that LiveVox' manual dial requirement disqualified it from being an ATDS, and nothing in Marks changes that conclusion. The parties agree that all calls DAS placed to Ammons's 3436 Cell Phone used LiveVox HCI. (DSUF… Read More
The CCPA enacted in 2018, creates new consumer rights relating to the access to, deletion of, and sharing of personal information that is collected by businesses. It also requires the California Attorney General to solicit broad public participation and adopt regulations to further the CCPA’s purposes. Today, the AG issued proposed regulations designed to establish procedures to facilitate consumers’ new… Read More
In Nagan v. Optio Sols. Llc, No. 19-C-170, 2019 U.S. Dist. LEXIS 173286, at *7 (E.D. Wis. Oct. 4, 2019), the District Court held that an FDCPA class could be certified despite the fact that the classmember would receive almost nothing. Optio asserts that a class action is not the superior method of litigating the issues here because any amount… Read More
In Bodie v. Lyft, Inc., No. 3:16-cv-02558-L-NLS, 2019 U.S. Dist. LEXIS 172998, at *6-7 (S.D. Cal. Oct. 4, 2019) , Judge Lorenz found "use" of an ATDS adequately pleaded. In addressing the second issue, the Ninth Circuit clarified that a total lack of human intervention was not required for a device to qualify as an ATDS. Marks, 904 F.3d at… Read More
In Koehn v. Delta Outsource Group, Inc., No. 19-1088 (7th Cir. September 29, 2019), here, the Court of Appeals for the Seventh Circuit had had enough with ingenious interpretations of dunning letters to create a purported violation of the FDCPA. An unsophisticated consumer is “uninformed, naïve, or trusting,” Veach v. Sheeks, 316 F.3d 690, 693 (7th Cir. 2003), but nonetheless… Read More
In Carter v. Richland Holdings, No. 2:16-cv-02967-RFB-VCF, 2019 U.S. Dist. LEXIS 168010, at *12-15 (D. Nev. Sep. 30, 2019), the District Court granted summary judgment against an FDCPA Plaintiff. AcctCorp argues that it was not reporting the debt in connection to an attempt to collect the debt pursuant to 15 U.S.C. § 1692e, but to comply with the Fair Credit… Read More
In Sliwa v. Bright House Networks, No. 2:16-cv-235-FtM-29MRM, 2019 U.S. Dist. LEXIS 167805, at *56-63 (M.D. Fla. Sep. 27, 2019), the District Court denied class certification. Plaintiff identifies the following common questions of law or fact which he asserts will predominate over any individualized issues: whether (1) an automatic telephone dialing system or prerecorded voice technology was used; (2) Defendants'… Read More
In DeNova v. Ocwen Loan Servicing, LLC, No. 8:17-cv-2204-T-23AAS, 2019 U.S. Dist. LEXIS 163014 (M.D. Fla. Sep. 24, 2019), Judge Merryday overruled the Magistrate’s ruling that an Aspect dialing system was an ATDS. Denise DeNova alleges (Doc. 2) that between April 2013 and May 2016, Ocwen Loan Servicing, attempting to collect DeNova's delinquent mortgage, used an "Aspect predictive dialing system"… Read More
On Wednesday, Californians for Consumer Privacy, the official proponent of the ballot initiative that became the California Consumer Privacy Act (“CCPA”), announced that it had filed a new voter-sponsored initiative with the California Secretary of State that will appear on the November 2020 ballot (if the requisite number of signatures can be gathered and certified). The initiative, named the “California… Read More
