Consumer Finance

In Worley v. Simon Meyrowitz & Meyrowitz, P.C., No. 23-187-CV, 2023 WL 7528560, at *2 (2d Cir. Nov. 14, 2023), the Court of Appeals for the Second Circuit affirmed dismissal of an FDCPA claim grounded in the theory that a debtor's collector's first communication with the debtor, in response to the debtor's e-mail, was the "initial communication" under 1692e(11) and… Read More

In Briskin v. Shopify, Inc., No. 22-15815, 2023 WL 8225346, at *1–3 (9th Cir. Nov. 28, 2023), the Court of Appeals for the 9th Circuit found no jurisdiction over a web-based payment processing platform sued under California's privacy laws. The facts were as follows: The defendants in this case offer a web-based payment processing platform to merchants nationwide. When processing… Read More

In Hoganberry v. Experian, et. al., No. 23 C 3690, 2023 WL 8113393, at *3–5 (N.D. Ill. Nov. 22, 2023), Judge Pallmeyer ordered a trial under the FAA of arbitrability of an identity theft matter based on the factual conflict between the moving party's authentication of the arbitration clause and the consumer's argument that he never signed/received it because the… Read More

In Torres v. [Automobile Finance Company], No. 823CV00688DOCDFM, 2023 WL 5505887, at *5 (C.D. Cal. July 13, 2023), Judge Carter struck class action allegations in a data breach/CCPA case and ordered the Plaintiff's individual matter to arbitration. The facts were as follows: The following facts are drawn from Defendant's Notice of Removal (Dkt. 1), and the Declaration of XXX (“[]Decl.”)… Read More

In McDonald v. Navy Fed. Fin. Grp., LLC, No. 223CV01325ARTEJY, 2023 WL 8084850, at *5–6 (D. Nev. Nov. 21, 2023), Judge Youuchah dismissed a TCPA case at the pleadings stage. Congress enacted the Telephone Consumer Protection Act (“TCPA”) “to protect the privacy interests of telephone subscribers.” Satterfield v. Simon & Schuster, Inc., 569 F.3d 946, 954 (9th Cir. 2009). The… Read More

In Santos v. Healthcare Revenue Recovery Grp., LLC., No. 22-11187, 2023 WL 7289662, at *1–2 (11th Cir. Nov. 6, 2023), the Court of Appeals for the 11th Circuit reversed the district's finding that an FCRA class could not be certified due to individual inquiries required for each putative classmember.  The Court of Appeals found that proof of individual damage is… Read More

In Lagrisola v. N. Am. Fin. Corp., No. D080758, 2023 WL 7273708, at *1–2 (Cal. Ct. App. Nov. 3, 2023), the Court of Appeal found no private right of action against a mortgage company who was not properly licensed in California. NAFC is a Nevada based business entity with offices in California. In 2017, the Lagrisolas borrowed $550,000 from NAFC,… Read More

A copy of the Court's Order denying the DFPI's Motion for a Preliminary Injunction can be found here:  California-Superior-Court-Order-Denying-DFPI-Motion-for-Preliminary-Injunction-against-OppFi-in-22STCV08163-10-30-23   Read More

The Federal Trade Commission has approved an amendment to the Safeguards Rule that would require non-banking institutions to report certain data breaches and other security events to the agency.  The FTC’s Safeguards Rule requires non-banking financial institutions, such as mortgage brokers, motor vehicle dealers, and payday lenders, to develop, implement, and maintain a comprehensive security program to keep their customers’ information… Read More

Today, the DFPI issued a new set of proposed "scope" regulations as to the applicability of the DCLA: On December 22, 2021, regulations implementing the application requirements under the DCLA became effective. On August 19, 2021, the Commissioner released an invitation to comment on an anticipated subsequent rulemaking related to the scope, annual report, and bond amount increase provisions of… Read More

The FTC's Press Release of October 27 states: The FTC’s Safeguards Rule requires non-banking financial institutions, such as mortgage brokers, motor vehicle dealers, and payday lenders, to develop, implement, and maintain a comprehensive security program to keep their customers’ information safe. In October 2021, the FTC announced it had finalized changes to the Safeguards Rule to strengthen the data security… Read More

In Nabozny v. Optio Sols. LLC, No. 22-1202, 2023 WL 6967048, at *3–6 (7th Cir. Oct. 23, 2023), the Court of Appeals for the Seventh Circuit followed the 11th Circuit's decision in Hunstein.   Nabozny alleges in her complaint that Optio's violation of § 1692c(b) harmed her by “invading her privacy.” She elaborates a bit in her brief, arguing that because Optio… Read More

In Felicia Durgan, et al., Plaintiffs, v. U-Haul Int'l Inc., Defendant., No. CV-22-01565-PHX-MTL, 2023 WL 7114622, at *6–7 (D. Ariz. Oct. 27, 2023), the Arizona district court allowed a CCPA claim to proceed past the pleadings stage.  The Court found that the Plaintiff had properly pleaded an absence of reasonable policies and procedures under the CCPA. The CCPA provides a… Read More

In Jones v. Ford Motor Co., No. 22-35447, 2023 WL 7097365 (9th Cir. Oct. 27, 2023), the Court of Appeals for the 9th Circuit affirmed dismissal of a privacy class action due to absence of standing.  In Jones, the Owner of a vehicle equipped with “infotainment” system that automatically downloaded, copied, and indefinitely stored the call logs and text messages of… Read More

In Ingram v. Experian Info. Sols., Inc., No. 21-2430, 2023 WL 6386517, at *1 (3d Cir. Oct. 2, 2023), the Court of Appeals held that furnishers are permitted to find that a direct dispute submitted by a consumer is frivolous, and consumer reporting agencies may find that an indirect dispute submitted by a consumer is frivolous, but the FCRA provides… Read More

In  Davis v. Rockloans Marketplace, LLC dba Rocket Loans, No. 23CV0134 DMS (BLM), 2023 WL 6378067, at *2 (S.D. Cal. Sept. 28, 2023), Judge Sabraw hoisted a 'revocation' letter on its own petard on the basis that there would have been no basis to revoke if consent already had not been given. Specifically, Plaintiff does not deny that she gave… Read More

In Faria v. PNC Bank N.A., et al., No. 223CV02023DADKJN, 2023 WL 6392752, at *4 (E.D. Cal. Sept. 30, 2023), Judge Drozd held: First, plaintiffs cannot obtain injunctive relief for violations of the FDCPA and Rosenthal Act. See Varnado v. Midland Funding LLC, 43 F. Supp. 3d 985, 992–93 (N.D. Cal. 2014) (finding that remedies under the FDCPA and Rosenthal… Read More

In Chien v. Bumble Inc., 641 F. Supp. 3d 913, 927–30 (S.D. Cal. 2022), District Court Judge Gonzalo P. Curiel addressed the sufficiency of California contacts for specific personal jurisdiction in a data privacy case that includes a claim for violation of the CCPA. In the context of a nationally accessible website, “something more” than operating a passive website is… Read More

In Altanie Hansen, Plaintiff, v. Santander Bank, N.A.; UAR Direct, LLC, d/b/a United Auto Recovery; 11th Hour Recovery, LLC, Defendants, No. 22-CV-3048 (SRN/TNL), 2023 WL 5533536, at *2–3 (D. Minn. Aug. 28, 2023), Judge Nelson found that a repossession company and the assignor were both subject to the FDCPA/1692a(6). To be bound by the provisions of the FDCPA, Defendants must… Read More

In Hagey v. Solar Serv. Experts, LLC, No. G061836, 2023 WL 5602365, at *3–4 (Cal. Ct. App. Aug. 30, 2023), the Court of Appeal held that a solar panel contract constituted a "consumer credit contract" under the Rosenthal FDCPA.  First, the Court of Appeal addressed the "due and owing" phrase in the Rosenthal Act's definition section. The question before us… Read More