Effective, Experienced, Exceptional.

Firm Profile

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.

SCOTUS Rejects Discovery Rule for SofL in FDCPA Cases

by Scott J. Hyman |

In Rotkiske v. Klemm, 28 Fla. L. Weekly Fed. S. 8 (U.S. 2019), the Supreme Court rejected the application of a discovery rule in FDCPA cases. Rotkiske does not contest the plain meaning of §1692k(d)’s text or claim that he brought suit within one year of the alleged FDCPA violation. Instead, he suggests that we should interpret §1692k(d) to include… Read More

9th Cir. Says Debt Collector Collecting on Time-Barred Debt Did Not Violate the FDCPA Where Debt Collector Advised that It Would Not Sue

by Scott J. Hyman |

In Stimpson v. Midland Credit Mgmt., No. 18-35833, 2019 U.S. App. LEXIS 37470, at *8 (9th Cir. Dec. 18, 2019), the Court of Appeals for the Ninth Circuit held that a debt collector did not violate the FDCPA in its dunning letter collecting on a stale debt. Stimpson first identifies the letter's statute-of-limitations disclosure as a primary example of misleading… Read More

California Attorney General Holds Public Comment Sessions on California Consumer Privacy Act Regulations

by Evelina Manukyan |

Beginning on Monday, December 2, 2019, the California Attorney General began holding a series of four public comment hearings to receive comments on the draft regulations issued by the Attorney General in October 2019 regarding the California Consumer Privacy Act of 2018 (“CCPA”). Severson & Werson attorneys Joseph W. Guzzetta and Evelina Manukyan attended the San Francisco public comment hearing… Read More

District Court (Conn.) Says Duplicate Debt Collectors’ Credit Reporting Did Not Violate FDCPA

by Scott J. Hyman |

In Reyes v. IC Sys., No. 3:19-cv-01206 (JAM), 2019 U.S. Dist. LEXIS 207563, at *1-5 (D. Conn. Dec. 3, 2019), the District Court held that simultaneously debt collectors' consumer reporting on the same debt did not violate the FDCPA. The Fair Debt Collection Practices Act (FDCPA) provides in relevant part that a debt collector may not use false, misleading, or… Read More

District Court (Cal.) Certifies Injunctive Data Breach Class Against Facebook, but Denies Certification of Damages Class

by Scott J. Hyman |

In Adkins v. Facebook, Inc., No. C 18-05982-WHA, 2019 U.S. Dist. LEXIS 206271 (N.D. Cal. Nov. 26, 2019), Judge Alsup granted in part and denied in part a data breach class. This is a putative class action by plaintiff Stephen Adkins against defendant Facebook, Inc. Plaintiff asserts a claim for negligence based on Facebook's alleged faulty security practices in collecting… Read More

Superior Court (Cal.) Says that Civil Code 1459.5, Purporting to Overrule Lafferty, Is Not Retroactive and Is Pre-empted Anyway

by Scott J. Hyman |

A Superior Court judge ruled on the applicability of Civil Code 1459.5 to an attorney fee motion brought against a Holder.  The Superior Court held: The Court is unwilling to apply pending Civil Code 1459.5.  It does not take effect until January 1, 2020 and is pre-empted by the Federal Trade Commission's May 2, 2019 ruling on the issue of… Read More

District Court (NY) Says It’s Powerless to Approve Class Settlement Arising Out of Data Breach Due to Lack of Art. III Cognizable Injury

by Scott J. Hyman |

In Steven v. Carlos Lopez & Assocs., No. 18-CV-6500 (JMF), 2019 U.S. Dist. LEXIS 203621 (S.D.N.Y. Nov. 22, 2019), Judge Furman declined to  approve settlement of a data breach class due to the absence of Art. III standing. In June 2018, an employee of Defendant Carlos Lopez & Associates, LLC ("CLA"), a provider of mental and behavioral health services to… Read More

District Court (Wis.) Says Tort Claims Deriving From Wrongful Repossession Claim Were Not Barred By Economic Loss Rule

by Scott J. Hyman |

In Burt v. Chase Auto Fin. Corp., No. 19-C-739, 2019 U.S. Dist. LEXIS 202056 (E.D. Wis. Nov. 21, 2019), Judge Griesbach permitted tort claims arising out of an allegedly wrongful repossession of a vehicle to proceed despite the economic loss rule. Chase asserts that the court should dismiss Burt's invasion of privacy, trespass to land and chattel, and conversion claims… Read More

1 2 3 4 … 252