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.

Effective, Experienced, Exceptional.

Consumer Finance

Subscribe to Consumer Finance

In Bickelmann v. Assil Sinskey Eye Institute (2008) 2008 WL 5207090, the Second District Court of Appeal declined to certify a 'junk-fax' class under the TCPA because its 'established business relationship' requirement necessitated individualized questions of fact, explaining: Plaintiff contends that the burden is on the drafter or sender of the advertisement, not the putative class member, to show an… Read More

In Pineda v. Saxon Mortgage Services, Inc. (C.D.Cal.2008) 2008 WL 5187813, Judge Selna held that a loan servicer was not subject to the FDCPA: The FDCPA only applies to to a "debt collector", which specifically excludes creditors and mortgage servicers.  15 U.S.C. 1692a(6)(F).  Saxon cites persuasive authority to support this argument.  In Perry v. Stewart Title, Co. 756 F.2d 1197… Read More

In Galindo v. Financo Financial, Inc. (N.D.Cal. 2008) 2008 WL 5170204, Judge Alsup refused to allow a consumer to pursue rescission based on Civil Code § 1632 when the consumer had refinanced the loan at issue. In her second amended complaint, Galindo alleged that that the "broker defendants failed to provide any disclosures in the Spanish language." and that "said Defendant's… Read More

In Hicks v. Client Services, Inc. (S.D.Fla 2008) Case No. 07-61822-CIV-WPD, District Court Judge Dimitrouleas addressed whether a TCPA class can be certified for (i) all Florida citizens (ii) who received any telephone call from Defendant to said person's cellular telephone service made (iii) through the use of any automatic telephone dialing system or an artificial or pre-recorded voice, (iv)… Read More

In Seeger v. AFNI, Inc., -- F.3d -- 2008 WL 512416 (7th Cir. 2008), the Court of Appeals for the Seventh Circuit addressed a debt collector's contention that its reliance on periodic bulletins from the American Creditor Association ("ACA") gave rise to a 'bona fide error' defense to the plaintiff's claim that, under Wisconsin law, the debt collector could not… Read More

On November 21, 2008, Judge Illston heard argument on whether the Hobbs Act deprived her of jurisdiction to rule on the FTC's Order interpreting the TCPA.  Judge Illston granted defendant's Motion to Vacate.   See her ruling here See my prior post regarding Leckler and Judge Illston's previous orders here:  http://www.calautofinance.com/?p=228 Read More

In Coordinated Automobile Lease Tax Cases (L.A.Sup. Coord. No. JCCP 4378), Judge Anthony Mohr presided over litigation involving whether automobile leases and the holders of such contracts properly assessed use taxes on such items as acquisition fees and service contracts.  On April 9, 2008, Judge Mohr sustained the demurrers of the various automobile finance companies without leave to amend, holding… Read More

In a decision of probably more personal than professional importance, Judge Pregerson held that Law Enforcement System's Inc.'s collection outstanding toll violations on Hwy 91 was not subject to the FDCPA.  (Yazo v. Law Enforcement Systems, Inc. (C.D.Cal.2008) 2008 WL 4852965).  Hwy. 91, for those non-southern-Californians, is a toll road which connects the Orange County beach cities to San Bernardino and… Read More

1 235 236 237 238 239 241