Severson & Werson is pleased to announce Mary Kate Sullivan has been named the new Chief Executive Officer and Managing Partner. The newly elected members of the Executive Committee are Mary Kate Sullivan, Mark Wraight, Mike Murphy and Duane Geck.

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In Piontek v. IC System, Inc. 2009 WL 1044596 (M.D.Pa. 2009), Judge Rambo held that a Plaintiff seeking emotional distress damages put at issue other lawsuits she had filed.    Here, Plaintiff's motivation for her actions giving rise to the suit, or for bringing the suit, are irrelevant to the issue of whether Defendants violated the FDCPA through their dealings… Read More

In Fairbanks v. Superior Court, 2009 WL 1035264 (2009), the California Supreme Court held that life insurance is neither a “good” nor a “service” subject to the CLRA.  The Supreme Court explained:    The Consumers Legal Remedies Act defines “goods” as “tangible chattels bought or leased for use primarily for personal, family, or household purposes, including certificates or coupons exchangeable for… Read More

In Hepler v. Washington Mut. Bank, F.A., 2009 WL 1045470 (C.D.Cal. 2009), Judge Snyder held that a mortgage company foreclosing on a home was not subject to either the FDCPA nor the Rosenthal Act, explaining:   To be held liable for violation of the FDCPA, a defendant must-as a threshold requirement-fall within the FDCPA's definition of “debt collector.” See Heintz… Read More

In In re: Saunders, Judge Rodriguez ruled in favor of an auto finance company's claim regarding negative equity financed into an automobile purchase transaction, holding that The Court thus concludes that the hanging paragraph applies to FMC’s claim regardless of whether the charge for negative equity constitutes a purchase-money obligation. Nevertheless, the FMC’s purchase-money security interest encompasses the amount financed for… Read More

In Pickering v. Coast Center for Orthopedic Arthroscopic Surgery, 2009 WL 932629 (2009), the California Court of Appeal for the Fourth District, in an unpublished decision, reviewed a jury’s finding that an orthopedic doctor’s group was liable under the FDCPA notwithstanding its status as a creditor.  The Court of Appeal affirmed the jury’s finding that the doctor’s group’s retention of… Read More

On January 12, 2009, Paul D. S. Edwards filed a petition with the FCC for an expedited clarification and declaratory ruling regarding the Commission’s rules under the Telephone Consumer Protection Act (TCPA). Specifically, Edwards asks the Commission to clarify whether a creditor may place autodialed or prerecorded message calls to a telephone number associated with wireless service that was provided to… Read More

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