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The California Legislature passed a budget by its annual deadline to do so--June 15, 2020—but the budget did not include Governor Gavin Newsom’s proposed mini-CFPB. Earlier, Governor Newsom’s January 2020 proposed budget included the California Consumer Financial Protection Law, which sought to overhaul the California Department of Business Oversight (“DBO”) and remake it into a more powerful Department of Financial… Read More

In Russell v. Santander Consumer United States, No. 19-CV-119, 2020 U.S. Dist. LEXIS 101404 (E.D. Wis. June 9, 2020), the District Court held an automobile finance company responsible for the repossession company’s breach of the peace. The Russells also sue their creditor, Santander, under Wis. Stat. § 425.206(2)(a) and Wis. Stat. §§ 427.104(1)(h) and (1)(j) for the illegal repossession. The… Read More

In Krosch v. Equifax Info. Servs., LLC, No. 19-CV-2784 (NEB/KMM), 2020 U.S. Dist. LEXIS 99150, at *5-9 (D. Minn. June 5, 2020), Judge Brasel held that a consumer stated no FCRA claim against a CRA due to the CRA's alleged failure not to report all furnishers' tradelines. Experian argues that the Complaint fails to allege either of these elements because… Read More

In Spikener v. Ally Financial, Inc. , the Court of Appeal deferred to the FTC's 2019 interpretation of the FTC Holder Rule, holding that the Holder Rule limits recovery, including attorneys' fees, against the holder to the amount that the debtor paid under the assigned contract.  Civil Code 1459.5, which was enacted post-Lafferty to allow a debtor to recover uncapped attorneys'… Read More

In N. L. v. Credit One Bank, N.A., Nos. 19-15399, 19-15938, 2020 U.S. App. LEXIS 17434 (9th Cir. June 3, 2020), the Court of Appeals for the 9th Circuit followed Soppet and Osorio decisions regarding calls to recycled to cellular telephones. Credit One also attempts to draw support from certain orders of the FCC, which has authority to promulgate regulations implementing… Read More

In Grant v. Regal Auto. Grp., No. 8:19-cv-363-T-23JSS, 2020 U.S. Dist. LEXIS 91897, at *7 (M.D. Fla. May 27, 2020) , the District Court certified a 'ringless voicemail' TCPA class. The plaintiff proposes administratively feasible methods for ascertaining class members. First, the plaintiff aims to use third-party records, which should determine the scope of the potential class with precision. Although… Read More

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