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District Court (Cal.) Discusses the Effect of “Wrong Number” Codes on TCPA Class Action

by Scott J. Hyman |

In Brown v. DirecTV, LLC, No. CV 13-1170 DMG (Ex), 2021 U.S. Dist. LEXIS 231014, at *15-23 (C.D. Cal. Dec. 1, 2021), Judge Gee discussed how wrong number codes might impact class certification. But that does not mean that Plaintiffs' procedure is otherwise improper—if done in the proper sequence. The Class is defined to include only non-customers, and DirecTV has… Read More

District Court (Cal.) Says Failure to Disclose that Vehicle’s Destination Charge Also Includes Some Profit Was Not Material and Did Not Violate the UCL

by Scott J. Hyman |

In Romoff v. GM LLC, No. 21-cv-00938-WQH-BGS, 2021 U.S. Dist. LEXIS 231369, at *9 (S.D. Cal. Dec. 2, 2021), Judge Hayes dismissed a complaint alleging that a vehicle manufacturer's disclosure of a destination charge was deceptive because it did not also disclose that such charge contained a profit element. Plaintiffs allege that by calling the charge a "Destination Charge," GM… Read More

District Court (Cal.) Prohibits Further Discovery from Dialer Manufacturer on Whether its Product is an ATDS Due to Other District Court Opinions Saying that It Is Not

by Scott J. Hyman |

In In re Portfolio Recovery Assocs., LLC, No. 11md02295 JAH - BGS, 2021 U.S. Dist. LEXIS 216747, at *32-34 (S.D. Cal. Nov. 9, 2021), Judge Houston denied TCPA plaintiffs' request for further discovery from the dialer manufacturer on whether its product was an ATDS. On May 27, 2021, this Court granted Plaintiffs' motion seeking to reopen discovery for the limited… Read More

District Court (Cal.) Says What Plaintiff Can Recover under Song-Beverly in Order to Decide Amount in Controversy; Says Amount in Controversy Must Be Reduced by “Negative Equity” and Mileage Offset

by Scott J. Hyman |

In Canesco v. Ford Motor Co., No. 3:21-cv-00425-BEN-RBB, 2021 U.S. Dist. LEXIS 213644, at *32-33 (S.D. Cal. Nov. 4, 2021), Judge Benitez engaged in a thorough analysis of Song-Beverly's remedies in order to determine whether the amount in controversy required for federal jurisdiction was satisfied. The Court finds that this purchase price must be reduced by both the amount of… Read More

FTC Finalizes Changes to Safeguards Rule

by Austin B. Kenney |

On October 27, 2021, the Federal Trade Commission ("FTC") announced important updates to the Gramm-Leach-Bliley Act's (the "Act") primary consumer protection rules. Enacted in 1999, the Act implemented regulations on financial institutions with regard to consumer privacy and data security concerns. It includes two primary parts, or "rules": the Privacy Rule and the Safeguards Rule. The Privacy Rule limits disclosure… Read More

11th Cir.’s Hunstein Panel Doubles-Down on Prior Decision interpreting 15 U.S.C. 1692

by Scott J. Hyman |

Over a strong dissent, the 11th Cir. Panel that issued the Hunstein decision affirmed the prior decision, holding "(1) that the violation of § 1692c(b) alleged in this case gives rise to a concrete injury in fact under Article III, and (2) that the debt collector’s transmittal of the consumer’s personal information to its dunning vendor constituted a communication “in connection… Read More

California Passes Consumer Debt Validation Bill

by Jason M. Julian |

Governor Gavin Newson approved SB 531 on October 4, 2021. The bill sponsored by Senator Bob Wieckowski (D-Fremont) allows consumers to request verification that debt collectors collecting on delinquent debts have the authority to collect a debt and also prohibits a debt collector from making any written statements to a debtor in an attempt to collect a debt unless the… Read More

District Court (Pa.) Says CRA’s Reporting Account As Closed/Zero Balance/Past Due Is Neither Inconsistent Nor Inaccurate

by Scott J. Hyman |

Smith v. Trans Union LLC, No. 20-4233, 2021 U.S. Dist. LEXIS 198812 (E.D. Pa. Oct. 14, 2021), Judge Savage dismissed an FCRA case premised on an alleged inconsistency in reporting an account as closed with a zero balance but also a past due balance. The issue in these Fair Credit Reporting Act (FCRA) actions is whether a consumer reporting agency's… Read More

District Court (Cal.) Says TCPA Claim Survives Class Representative’s Death, and Estate Can Properly Represent the Class

by Scott J. Hyman |

In Estate of O'Shea v. Am. Solar Sols., Inc., No. 14cv894-L-RBB, 2021 U.S. Dist. LEXIS 199171 (S.D. Cal. Oct. 15, 2021), Judge Lorenz substituted a deceased TCPA Plaintiff’s estate as Class Representative. Next, substitution may be made by a successor only if the claim is not extinguished by the death of the named party. Fed.R.Civ.P. 25(a)(1). The issue of survivability… Read More

California Privacy Amendments

by Genevieve R. Walser-Jolly |

On October 6, 2021, Governor Newsom signed several new bills into law: AB 1391 Adds section 1724 to the Civil Code and makes it unlawful for anyone to sell or sell access to data that was unlawfully obtained.  Similarly, it is unlawful for anyone to buy or use data that they know, or should know, was unlawfully obtained. AB 694 … Read More

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