Consumer Finance

In Wood v. Sec. Credit Servs., LLC, No. 20-cv-02369, 2021 U.S. Dist. LEXIS 135926, at *5 (N.D. Ill. July 19, 2021), Judge Norgle denied summary judgment against a debt collector due to a question of fact regarding the debt collector's knowledge of a dispute regarding the reporting of the debt.  The District Court outlined the legal standards under 15 USC… Read More

In Williams v. Big Picture Loans, LLC, Civil Action No. 3:17-cv-461, 2021 U.S. Dist. LEXIS 135397, at *3-5 (E.D. Va. July 19, 2021), Judge Payne certified a class action against a payday lender.   The facts surrounding this lawsuit have been recounted by the Court on numerous occasions. See, e.g., MEM. OP., ECF No. 944. The facts of this case are,… Read More

In Dudley v. Solar, No. 21-659, 2021 U.S. Dist. LEXIS 135609 (E.D. Pa. July 21, 2021), Judge Pandora held that DNC claims exist for calls placed to cellular telephones. Vision Solar argues that Plaintiffs have no cognizable private right of action under § 227(c) of the TCPA because they fail to allege facts that give rise to a plausible inference… Read More

Today, the CFPB Announced that the Federal Financial Institutions Examination Council ("FFIEC") issued a new booklet in the FFIEC Information Technology Examination Handbook series, titled “Architecture, Infrastructure, and Operations.”  The CFPB noted that the booklet provides expanded guidance to help financial institution examiners assess the risk profile and adequacy of an entity’s information technology architecture, infrastructure, and operations.  Implied in… Read More

In In re Ring LLC Privacy Litig., No. CV 19-10899-MWF (RAOx), 2021 U.S. Dist. LEXIS 118461, at *8 (C.D. Cal. June 24, 2021), Judge Fitzgerald ordered the purchasers' claims to arbitration, but not so for the non-purchasers whose data allegedly was improperly gathered and/or shared.  The allegations were that The FAC alleges that Ring's security systems were defectively designed without… Read More

In Perez v. Indian Harbor Ins. Co., No. 4:19-cv-07288-YGR, 2021 U.S. Dist. LEXIS 118267, at *2-4 (N.D. Cal. June 24, 2021), Judge Gonzalez Rogers said that Duguid was not much help to an insurance carrier fighting a final TCPA judgment entered against its insured. In this action, Ignacio Perez is now seeking to recover monies against Indian Harbor. (See Dkt. No. 1 at… Read More

In Hufnus v. Donotpay, Inc., No. 20-cv-08701-VC, 2021 U.S. Dist. LEXIS 118325, at *1-5 (N.D. Cal. June 24, 2021), Judge Chhabria dismissed a TCPA claim on the basis that defendant did not call using an ATDS. DoNotPay's motion to dismiss is granted. To state a claim under the Telephone Consumer Protection Act (TCPA), Hufnus must allege that DoNotPay sent messages using… Read More

In TransUnion LLC v. Ramirez, No. 20-297, 2021 U.S. LEXIS 3401, at *1-7 (June 25, 2021), the Supreme Court held that every classmember must meet Art. III Standing.  SCOTUS explained in the syllabus: The Fair Credit Reporting Act regulates the consumer reporting agencies that compile and disseminate personal information about consumers. 15 U. S. C. §1681 et seq. The Act also creates a cause… Read More

In  Bruce v. Am. Honda Fin. Corp., No. 3:20-cv-00128-ECM, 2021 U.S. Dist. LEXIS 107187, at *9 (M.D. Ala. June 8, 2021), Judge Marks ruled against a FCRA Plaintiff on the claim that identification of the amount monthly payment on a closed, zero-balanced account is "inaccurate" and suggests to users that the account is open. Now pending before the Court is… Read More

In Timms v. Usaa Fed. Sav. Bank, No. 3:18-cv-01495-SAL, 2021 U.S. Dist. LEXIS 108083, at *8 (D.S.C. June 9, 2021), Judge Lydon ruled against a TCPA plaintiff on whether an aspect dialer was an ATDS after Duguid.  Defendant's Motion submits that it is entitled to judgment as a matter of law on the TCPA claim because it did not use an ATDS… Read More