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California’s Mini-CFPB Bill on the Governor’s Desk

by Laszlo Ladi, Jr. |

AB 1864 has now passed California’s legislature and is another California fire with which Governor Newsom must deal.  This Bill seeks to rename the Department of Business Oversight as the Department of Financial Protection and Innovation (“DFPI”), and is expected to be signed by Governor Newsom. Earlier, Governor Newsom proposed the CFPL in his 2020-2021 budget frame-work. The goal, according to Newsom,… Read More

5th Cir. Says CRAs Failure to Include a Furnisher’s Positive Trade-Line in Consumer’s Report Did Not Give Rise to an FCRA Claim

by Scott J. Hyman |

In Hammer v. Equifax Info. Servs., No. 19-10199, 2020 U.S. App. LEXIS 28800 (5th Cir. Sep. 9, 2020), the Court of Appeals for the Fifth Circuit held that no claim arose under the FCRA for failure to report a trade line in the consumer’s consumer report. Hammer alleges that Equifax violated the FCRA because it had favorable information about his… Read More

District Court (Wis.) Says California’s Rosenthal Act Does Not Protect Wisconsin Residents

by Scott J. Hyman |

In Nagan v. Solutions, No. 19-C-170, 2020 U.S. Dist. LEXIS 155492 (E.D. Wis. Aug. 27, 2020), Judge Griesbach held that Wisconsin residents are not protected by California’s Rosenthal Act. The Rosenthal Act Plaintiff also asserts a claim under the Rosenthal Act, California's counterpart to the FDCPA that protects residents of California. Because Plaintiff was never a resident of California, the… Read More

California’s Proposed Mini-CFPB Resurfaces

by Laszlo Ladi, Jr. |

When California Governor Gavin Newsome signed the Budget Act of 2020 at the end of June, the budget allocated $10.2 million in 2020-21, growing to $19.3 million in 2022-23 to the Department of Business Oversight, contingent upon enactment of the California Consumer Financial Protection Law. As previously posted, the California Consumer Financial Protection Law (“CCFPL”) sought to rename California Department… Read More

FTC Opens the Floor for Comments to FCRA

by Scott J. Hyman |

The Federal Trade Commission announced that it is seeking comment on proposed changes that would bring several rules implementing parts of the Fair Credit Reporting Act (FCRA) in line with the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). In separate Notices of Proposed Rule Making (NPRMs), which will be published in the Federal Register shortly, the FTC… Read More

District Court (Wash.) Stays TCPA Case Pending SCOTUS’ Review of ATDS Definition

by Scott J. Hyman |

In Jensen v. Roto-Rooter Servs. Co., No. C20-0223-JCC, 2020 U.S. Dist. LEXIS 151256 (W.D. Wash. Aug. 20, 2020), Judge Coughenour stayed a TCPA case pending SCOTUS’ review of what constitutes an ATDS. Defendant moves to continue the stay in this case because the Supreme Court's decision in Duguid will resolve the circuit split of what constitutes an auto dialer under… Read More

District Court (Tenn.) Says Irregular Payment Schedule Disclosure for Purchase of a Vehicle Violated TILA

by Scott J. Hyman |

In Warford v. Memphis City Emples. Credit Union, No. 2:19-cv-02403-JPM-cgc, 2020 U.S. Dist. LEXIS 150173 (W.D. Tenn. Aug. 19, 2020), Judge McCalla found that a credit union’s disclosures of an irregular payment schedule for purchase of a vehicle violated TILA.  The facts were as follows: The following facts are undisputed for purposes of summary judgment. On or about December 27,… Read More

5th Cir. Says Debt Collectors Collecting Overpayment of Compensation by US Government for Hurricane Katrina Are Subject to FDCPA

by Scott J. Hyman |

In Calogero v. Shows, Cali & Walsh, L.L.P., No. 19-30558, 2020 U.S. App. LEXIS 26109 (5th Cir. Aug. 17, 2020), the Court of Appeals for the Fifth Circuit said that the US Government’s retention of private debt collectors to collect overpayment of compensation to victims of Hurricane Katrina arose out of a “transaction” under the FDCPA. When Congress passed the… Read More

District Court (Cal.) Says Challenge to On-Line Payment Structure Not Subject to Rosenthal Act Because Payments Not Delinquent

by Scott J. Hyman |

In Elbert v. Roundpoint Mortg. Servicing Corp., No. 20-cv-00250-MMC, 2020 U.S. Dist. LEXIS 150341 (N.D. Cal. Aug. 19, 2020), Judge Chesney dismissed a Rosenthal Act claim because the account was not in delinquent. In Count II, Elbert asserts RoundPoint has violated the Rosenthal Act, which Act provides that "[n]o debt collector shall collect or attempt to collect a consumer debt… Read More

District Court (Utah) Certifies FDCPA Class After Class Representative Abandons Uncertifiable Damages Claims

by Scott J. Hyman |

In Lawrence v. First Fin. Inv. Fund V, No. 2:19-cv-00174-RJS-CMR, 2020 U.S. Dist. LEXIS 149122 (D. Utah Aug. 17, 2020), Judge Shelby certified an FDCPA class after the class representative abandoned any claim for emotional distress because such damage claim could not be pursued on a representative basis. Next, First Financial argues Lawrence's claims are atypical of the proposed classes… Read More

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