During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.

Consumer Finance

Subscribe to Consumer Finance

Thank you for your desire to subscribe to Severson & Werson’s Consumer Finance Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

In Hamilton v. Brewster, No. 2:20-CV-02054, 2021 U.S. Dist. LEXIS 175964, at *5-6 (W.D. Ark. Sep. 16, 2021), Judge Holmes granted summary judgment to a lessor who proved that the driver was not the lessor's employee under the Graves Amendment savings clause, having been faced with pleadings alleging that the driver of the vehicle was the lessor's employee. "Although the… Read More

In Shafer v. Moore Law Grp., No. 3:20-cv-00525-MMD-CLB, 2021 U.S. Dist. LEXIS 174185, at *8 (D. Nev. Sep. 14, 2021), Judge Du allowed an FDCPA case to press forward against a debt collector who served a pleading directly on a represented party in an existing lawsuit because the party's lawyer had not formally entered an appearance. Plaintiff alleges that, despite… Read More

In Weiser v. Castille, No. 20-2043, 2021 U.S. Dist. LEXIS 173993, at *13-14 (E.D. La. Sep. 14, 2021), Judge Lemmon dismissed FDCPA and FCRA claims arising out of a Plaintiff's investment mobile home properties.   Additionally, an obligation arising from a commercial transaction, as opposed to a transaction "primarily for personal, family, or household purposes" is not a "debt" as defined… Read More

In Webb v. Midland Credit Mgmt., No. 20cv2211-MMA-WVG, 2021 U.S. Dist. LEXIS 173479, at *11-12 (S.D. Cal. Sep. 13, 2021), Judge Anello dismissed an FDCPA claim challenging the propriety upon which a state court debt judgment was obtained.  The facts were as follows: On December 11, 2018, Midland filed a state court complaint against Plaintiff "for the principal amount of… Read More

In Ftc v. Credit Bureau Ctr., No. 17 C 194, 2021 U.S. Dist. LEXIS 173180, at *3-7 (N.D. Ill. Sep. 13, 2021), Judge Kennelly allowed the FTC to amend its judgment to preserve a restitution award on an alternative legal theory after SCOTUS held in AMG Cap. Mgmt. that section 13(b) of the FTC Act did not afford a right… Read More

In Lindenbaum v. Realgy, Ltd. Liab. Co., No. 20-4252, 2021 U.S. App. LEXIS 27159, at *2-4 (6th Cir. Sep. 9, 2021), the Court of Appeals for the Sixth Circuit found that the District Court erred in dismissing a TCPA claim based on the period of unconstitutionality found in Barr. In 1991, Congress prohibited almost all robocalls to cell phones and landlines.… Read More

In In re Sonic Corp. Customer Data Sec. Breach Litig., No. 1:17-md-2807, 2021 U.S. Dist. LEXIS 168504, at *13-16 (N.D. Ohio Sep. 7, 2021), Judge Gwin denied summary judgment to the defendants, who argued that the criminal hacking constituted a supervening cause. Here, Sonic can only prevail by showing that the hackers' criminal acts were independent of Sonic's negligent security… Read More

In Mariscal v. Flagstar Bank, FSB, No. ED CV 19-2023-DMG (SHKx), 2021 U.S. Dist. LEXIS 171374, at *4-8 (C.D. Cal. Sep. 9, 2021), Judge Gee dismissed, a second time, the Plaintiff's Rosenthal Act Class Action challenging a mortgage company's "pay-to-pay" fees. The fee itself need not be a debt, as long as it is connected to the collection of a… Read More

In Hodges v. Comcast Cable Communications, LLC.,  the Court of Appeals for the 9th Circuit held that the district court erred in denying Comcast's motion to compel arbitration even though its arbitration clause precluded customers from litigating public injunction claims in any forum.  First, the Court of Appeals held that the mere presence of the clause in the arbitration agreement… Read More

The California Office of the Attorney General (OAG) is responsible for enforcing the CCPA. The OAG began sending notices of alleged noncompliance to companies on July 1, 2020, the first day CCPA enforcement began. Once a company is notified of alleged noncompliance, it has 30 days to cure that noncompliance.  The OAG identified 27 case examples summarizing the alleged violations… Read More

1 2 3 4 282