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California Supreme Court Denies Review of Spikener FTC Holder Rule Case

by Scott J. Hyman |

The California Supreme Court denied review and declined to depublish the Court of Appeal's decision in Spikener.  https://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=0&doc_id=2322739&doc_no=S263361&request_token=NiIwLSEmXkg%2FWyBdSCJNSElIIDg0UDxTJSIuSzxTICAgCg%3D%3D Spikener held that the FTC Holder Rule pre-empted Civil Code section 1459.5, which legislatively sought to overrule the Lafferty decision's finding that the FTC Holder Rule capped attorneys' fees recoverable under the Rule.  https://www.severson.com/consumer-finance/court-of-appeal-cal-says-legislative-effort-to-overrule-laffertys-cap-on-attorneys-fees-under-the-ftc-holder-rule-is-preempted/ Read More

California Passes Law Purporting to Clarify Foreign Language Translation Requirements for Consumer Contracts

by Scott J. Hyman |

Governor Newsom signed AB 3254, which, in addition to the requirements of Civil Code 1632, would require delivery of a translation to any other person who will be signing the contract or agreement and would make conforming and correctional changes with regard to the definition of “the party’s own interpreter” in reference to the exemptions described above.  According to the… Read More

District Court (Mich. Bankr.) Says Vehicle Finance Company Does Not Have to Release Lien On or Repossess Worthless Vehicle under Chapter 13 Plan

by Scott J. Hyman |

In In re Loucks, No. 20-42265, 2020 Bankr. LEXIS 2824 (Bankr. E.D. Mich. Oct. 9, 2020), Judge Tucker said that the bankruptcy code does not require, but merely permits, a vehicle finance company to repossess a vehicle or release its lien under a Chapter 13 plan. This case is before the Court on the motion filed by the Debtor on… Read More

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

by Scott J. Hyman |

In Aleisa v. Square, Inc., No. 20-cv-00806-EMC, 2020 U.S. Dist. LEXIS 188024 (N.D. Cal. Oct. 9, 2020), Judge Chen stayed an action pending SCOTUS’ review of what constitutes an ATDS. All three of the Landis factors weigh in favor of granting Square's motion to stay the proceedings pending the Supreme Court's forthcoming decision in Duguid II. First, and most importantly,… Read More

District Court (Va.) Says Plaintiff Pleaded Enough Emotional Distress to Satisfy FCRA Requirement

by Scott J. Hyman |

In Denton v. JPMorgan Chase & Co., No. 4:19cv114, 2020 U.S. Dist. LEXIS 185745 (E.D. Va. Oct. 6, 2020), Judge Davis allowed an FCRA to proceed due to Plaintiff’s allegation of emotional distress. Plaintiff's fourth count alleges that Chase violated 15 U.S.C. § 1681s-2(b) either willfully/recklessly or negligently by failing "to properly investigate Plaintiff's dispute" and failing "to correct the… Read More

District Court (Ohio) Finds Art. III Standing in Data Breach Case

by Scott J. Hyman |

In Foster v. Health Recovery Servs., No. 2:19-CV-4453, 2020 U.S. Dist. LEXIS 186508 (S.D. Ohio Oct. 7, 2020), Judge Marbley found that at least one claim of damages for a data breach victim satisfied Art. III standing. In a recent data breach case brought pursuant to the FCRA, the [*14]  Third Circuit examined both the congressional judgment and common law factors… Read More

District Court (Cal.) Says Car Rental for Business Trip Had Enough “Personal” Components to It To Defeat Debt Collector’s MSJ; Debt was in Default at the Time of Assignment

by Scott J. Hyman |

In Denicolo v. Hertz Corp., No. 19-cv-00210-YGR, 2020 U.S. Dist. LEXIS 181248 (N.D. Cal. Sep. 30, 2020), Judge Rogers denied a debt collector’s MSJ arising out of a rental car contract  arising from a debtor’s business trip. In Chyba, defendant claimed that plaintiff had incurred damage to a rental vehicle and that summary judgment on the FDCPA claim should be… Read More

Department of Treasury Says Paying Off Ransomware May Run the Risk of Sanctions

by Scott J. Hyman |

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued an advisory yesterday, alerting companies who engage with victims of ransomware attacks of potential sanctions risks for facilitating ransomware payments.  This advisory highlights OFAC’s designations of malicious cyber actors and those who facilitate ransomware transactions under its cyber-related sanctions program. It identifies U.S. government resources for reporting… Read More

District Court (Conn.) Clarifies When a Furnisher Must Report an Account as “Disputed”

by Scott J. Hyman |

In Isler v. GE Emples. Fed. Credit Union, No. 3:18-cv-00867 (MPS), 2020 U.S. Dist. LEXIS 176562 (D. Conn. Sep. 25, 2020), Judge Shea clarified when a Furnisher is and is not required to report an account as “disputed”. Plaintiff [*22]  also argues that GE Credit Union was negligent in failing at least to mark Plaintiff's account as disputed. Some courts have… Read More

California Governor signs AB 1864 (California Mini-CFPB) and SB 908 (Debt Collection Licensing Act)

by Laszlo Ladi, Jr. |

On September 25, 2020, Governor Newsom signed a number of bills, including AB 1864, which established the Department of Financial Protection and Innovation (“DFPI”) in place of the Department of Business Oversight (“DBO”), and SB 908, the Debt Collection Licensing Act. Both bills were passed by the California legislature in late August 2020, and are touted by Governor Newsome as… Read More

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