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In Booth v. Mee, Mee & Hoge, P.L.L.C.,  2010 WL 988473 (W.D.Okla. 2010),  Judge DiGiusti applied a narrow reading of the Ninth Circuit’s holding in Slenk, and determined a debt’s ‘consumer purpose’ at the time of debt origination rather than a later consumer use of the collateral.  Judge DiGiusti explained:   Courts construing the FDCPA have generally held, however, that… Read More

In Anderson v. Frederick Ford Mercury, Inc., --- F.Supp.2d ----, 2010 WL 960423 (D.Del. 2010), Judge Robinson denied a Plaintiff Rucker damages for alleged ‘back-dating’ in a spot delivery situation, and granted summary judgment to the defendant automobile dealer.  Judge Robinson explained:    The TILA was enacted in order “to assure a meaningful disclosure of credit terms so that the… Read More

In Kazemi v. Payless Shoesource Inc., 2010 WL 963225 (N.D.Cal. 2010), Judge Patel held that under Twombly and Iqbal, Plaintiff stated a claim under the TCPA by alleging that he received unsolicited text messages on his cellular telephone in SMS format, and that defendant’s equipment had the capacity to store or produce telephone numbers to be called, using a random… Read More

In Gryzbowski v. I.C. System, Inc. --- F.Supp.2d ----, 2010 WL 774386 (M.D.Pa. 2010), Judge Vanaski held that cell phone messages are subject to Foti, explaining: Although there is no Third Circuit case law dealing with the appropriateness of identification of a debt-collector in a voicemail or answering machine message, numerous district courts have been faced with the issue and… Read More

In Osei v. Countrywide Home Loans, Inc. 2010 WL 727831 (E.D. Cal. 2010), Judge Karlton discussed the pleading standards for a Rosenthal Act claim.  However, Judge Karlton did not discuss the heightened pleading standard for FDCPA claims as some other district courts have under Bell Atl. Corp. v. Twonbly, 550 U.S. 544, 555 (2007) and Ascroft v. Iqbal 129 S.Ct. 1937, 1949 (2009). … Read More

In Davis v. Ford Credit, 2009 WL 3859327 (2009), the California Court of Appeal in Los Angeles held that Ford Credit’s practice of applying a payment to past-due installments first, rather than to the current monthly installment, did not violate the Rees-Levering Automobile Sales Finance Act’s ban on late-fee pyramiding.  (Civ. Code, § 2982(k).)  The facts of the case were as… Read More

In a decision deemed unpublishable, the Fourth District Court of Appeal in Mid-Century Ins. Co. v. Vinci Investment Company, Inc., 2010 WL 673267 (2010) that a claim brought by a credit union against a car dealer with whom it did business asserting wrongdoing in the assignment of retail installment sales contracts for automobiles might be covered by the dealer's insurance policy. … Read More

In In re: Howard --- F.3d ----, 2010 WL 680974 (C.A.7 (Ill.)), Judge Posner adopted the creditor’s argument on the ‘hanging paragraph’ of BAPCPA, and affirmed the district court’s ruling.  Judge Posner explained:      This direct appeal from the bankruptcy court, pursuant to 28 U.S.C. § 158(d)(2)(A), requires us to consider an issue that is new in this court.… Read More

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