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California’s DFPI Begins to Use its New Powers and Hire New Staff

by Laszlo Ladi, Jr. |

We previously posted about California’s new Department of Financial Protection and Innovation (“DFPI”) (formerly Department of Business Oversight) and some of its new powers to regulate debt collectors and other financial institutions under the Debt Collection Licensing Act and California Consumer Financial Protection Law (“CFPL”) (also known as the mini-CFPB). Both laws took effect on January 1, 2021. While the… Read More

District Court (Az.) Finds Dismissal of Case Against Auto Finance Lender Appropriate Where Plaintiff’s Claim Had “many hallmarks of the ‘sovereign citizen’ redemption theory”

by Scott J. Hyman |

In Pondexter v. Murrieta, No. CV-20-02124-PHX-DLR, 2021 U.S. Dist. LEXIS 10166 (D. Ariz. Jan. 20, 2021), Judge Reyes dismissed a case filed against an auto lender. This lawsuit stems from a retail installment sale contract ("RISC") for the purchase of a 2019 Mercedes (the "Mercedes"), entered into between Plaintiff and Autonation Chevrolet Arrowhead ("Autonation") on August 29, 2020. (Doc. 2-2… Read More

District Court (Wis.) Holds Credit-Card Company Properly Reported Post-Discharge Account

by Scott J. Hyman |

  In Ewert v. FD Holdings, LLC, No. 20-cv-354-wmc, 2021 U.S. Dist. LEXIS 9402 (W.D. Wis. Jan. 19, 2021), Judge Conley dismissed an FCRA claim premised on an account that passed through bankruptcy being improperly reported. Plaintiff Lance M. Ewert alleges that defendant FD Holdings, LLC, d/b/a "Factual Data," violated his rights under the Fair Credit Reporting Act, 15 U.S.C.… Read More

Court of Appeal (Cal.) Says CLRA Plaintiff Who Sought Injunctive Relief Only, and Disclaimed Prayer for Damages, in Order to Avoid CLRA 30-day Pre-Suit Notice Requirement Could Not Recover Attorneys’ Fees under CLRA Due to Absence of Damages

by Scott J. Hyman |

It’s a bit convoluted, but in Mikki v. Lifemark Grp., No. D076885, 2021 Cal. App. Unpub. LEXIS 309 (Jan. 20, 2021), the Court of Appeal, in an unpublished opinion, denied any attorneys’ fees to a CLRA Plaintiff.  The facts were as follows: Mikki's operative complaint sought solely injunctive relief under the CLRA. After accepting Lifemark's Code of Civil Procedure section… Read More

District Court (Cal.) Says CCPA Data Breach Claims Still Subject to Art. III Standing Requirements Where Information Obtained Lacks the Degree of Sensitivity Required by the Ninth Circuit to Establish Injury in Fact

by Genevieve R. Walser-Jolly |

On January 12, 2021, Judge David O. Carter granted Marriott’s Motion to Dismiss and dismissed the case, including Plaintiffs’ CCPA claim based on lack of standing.  Rahman v. Marriott International, Inc., et al.  (C.D. CA; 8:20-cv-00654), here, “Plaintiff alleges that class members were victims of a cybersecurity breach at Marriott when two employees of a Marriott franchise in Russia accessed… Read More

CFPB Issues Small Entity Compliance Guide for October 2020 Debt Collection Rule

by Laszlo Ladi, Jr. |

On January 15, 2021, the Consumer Finance Protection Bureau (CFPB) issued a small entity compliance guide summarizing the October 2020 debt collection rule. The small entity compliance guide is available here. Earlier, the October 2020 debt collection rule amended Regulation F to implement most of the Fair Debt Collection Practices Act’s (FDCPA), including, among other things, communications in connection with… Read More

District Court (D.C.) Says Law Firm’s Investigation into Cybersecurity Breach Not Protected from Discovery by Privilege; Orders Production of Effect of Hack on Law Firm’s Other Clients

by Scott J. Hyman |

In Wengui v. Clark Hill, Civil Action No. 19-3195 (JEB), 2021 U.S. Dist. LEXIS 5395 (D.D.C. Jan. 12, 2021), Judge B0asberg ordered production of internal investigation reports regarding a cybersecurity breach, which were not protected by the attorney client or work product privileges. Malicious cyberattacks have unfortunately become a routine part of our modern digital world. So have the lawsuits… Read More

Court of Appeal (Cal.) Holds McGill Rule Bars Enforcement of Arbitration Clause for Automobile Title Loans

by Scott J. Hyman |

In Maldonado v. Fast Auto Loans, No. G058645, 2021 Cal. App. Unpub. LEXIS 138 (Jan. 11, 2021), the Court of Appeal in an unpublished decision found that an automobile title loan lender could not enforce its arbitration clause.  The trial court proceedings were as follows: Relevant to this appeal, paragraph 14(d) stated the parties must arbitrate any claim (with a… Read More

District Court (Cal.) Says Data Breach Defendant Is Entitled to Discovery from Plaintiffs to Offer Evidence to District Court in Support of Defendant’s Petition to Compel Arbitration

by Scott J. Hyman |

In I.C. v. Zynga Inc., No. 20-cv-01539-YGR, 2021 U.S. Dist. LEXIS 2227 (N.D. Cal. Jan. 6, 2021), Judge Rogers held that the defendant was entitled to limited discovery from the class representatives to obtain information to bring a proper Petition to Compel Arbitration. Currently pending in each of the captioned cases is defendant Zynga Inc.'s motion to compel arbitration or, in… Read More

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