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District Court (Utah) Dismisses Plaintiff’s FCRA Claim Based on Reporting Bankrupt Account

by Scott J. Hyman |

In Layton v. Experian Info. Sols., Inc., No. 4:20-cv-00029-DN-PK, 2020 U.S. Dist. LEXIS 205221, at *2-3 (D. Utah Nov. 2, 2020), Judge Nuffer found no inaccuracy in the way that Discover was reporting the Plaintiff's bankrupt account. Layton sent a letter, certified, return receipt, to Experian disputing and requesting the above inaccurate information be removed as follows: "Immediately correct this… Read More

9th Cir. Says Debt Collector Does Not Discharge FDCPA Obligations and Trigger the Bona Fide Error Defense Merely By Contractually Requiring its Creditor Clients to Give Accurate Information

by Scott J. Hyman |

In Mercedes v. Nat'l Bus. Factors, No. 19-16055, 2020 U.S. App. LEXIS 35037, at *2-3 (9th Cir. Nov. 5, 2020), the Court of Appeals for the Ninth Circuit held that a debt collector does not discharge its FDCPA obligations and trigger the bona fide error defense by requiring its creditor/clients to give accurate information. In this appeal, we consider whether… Read More

District Court (Ill.) Exempts Class Administration from the TCPA by Judicial Fiat; Orders Class Notice to Be Given By Text Message

by Scott J. Hyman |

In Yates v. Checkers Drive-in Rest., Inc., No. 17 C 9219, 2020 U.S. Dist. LEXIS 205241, at *8 (N.D. Ill. Nov. 3, 2020), Judge Harjani ordered class notice be given by text message in a TCPA class action. Defendants, on the other hand, contend that "providing notice via text would not be appropriate in this case, as it would potentially… Read More

District Court (Nev.) Applies the FDCPA (without analysis) to Apartment Rental, Says Misrepresentation Can Exist if Consumer Has Defense to Debt

by Scott J. Hyman |

In Rogoff v. Nat'l Credit Sys., No. 2:19-cv-01131-APG-NJK, 2020 U.S. Dist. LEXIS 204753, at *7-8 (D. Nev. Nov. 2, 2020), Judge Gordon denied a motion for judgment on the pleadings to a debt collector collecting apartment rent. Viewing the facts alleged in the light most favorable to Rogoff, the complaint adequately alleges a false representation of the amount of the… Read More

District Court (Cal.) Says Mortgage Company’s $5 IVR Fee to Make Mortgage Payments Violates the Rosenthal Act

by Scott J. Hyman |

In Lembeck v. Arvest Cent. Mortg. Co., No. 20-cv-03277-VC, 2020 U.S. Dist. LEXIS 205511, at *1-5 (N.D. Cal. Nov. 3, 2020), Judge Chhabria denied a mortgage servicer's FRCP 12(b)(6) motion regarding the propriety of the servicer's charging the Plaintiffs an IVR fee to make their mortgage payments. Valerie Lembeck alleges that her mortgage servicer, Arvest Central Mortgage Company, violates California… Read More

District Court (Ohio) Certifies Data Breach Class by Credit Card Issuers Against Restaurant

by Scott J. Hyman |

In In re Sonic Corp. Customer Data Breach Litig. Fin. Insts., No. 1:17-md-02807-JSG, 2020 U.S. Dist. LEXIS 204169 (N.D. Ohio Nov. 2, 2020), Judge Gwin certified a data breach class.  The facts were as follows: Between April 7, 2017, and October 28, 2017, hackers used malware installed on point-of-sale systems at 762 Sonic restaurants to steal sales transaction payment card… Read More

Court of Appeal (Cal.) Says Lemon Law Plaintiff Subject to Offset for Value of Trading in Defective Vehicle

by Scott J. Hyman |

In Niedermeier v. Fca Us Llc, No. B293960, 2020 Cal. App. LEXIS 1035 (Ct. App. Oct. 30, 2020), the Court of Appeal reduced a plaintiff’s lemon law verdict by the value the Plaintiff received for trading in the vehicle. Defendant FCA US LLC, an automobile manufacturer,1 appeals from a judgment in favor of plaintiff Lisa Niedermeier. Plaintiff brought claims under… Read More

9th Cir. Says Consumer Bound to Website Arbitration Clause

by Scott J. Hyman |

In Stover v. Experian Holdings, Inc., No. 19-55204, 2020 U.S. App. LEXIS 33176 (9th Cir. Oct. 21, 2020), the Court of Appeals for the Ninth Circuit affirmed a district court’s arbitration order. Rachel Stover appeals the district court's order compelling arbitration of her claims based on her purchase of the Experian Credit Score subscription service in 2014. Two versions of… Read More

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