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In Berry v. Indianapolis Life Ins. Company, 2009 WL 424549 (N.D.Tex. 2009), Judge Boyle found the CLRA inapplicable to insurance products.  Judge Boyle explained:   Indianapolis Life also argues that the Complaint fails to state a claim based on the alleged violation of the CLRA, because the CLRA applies only to the “sale or lease of goods and services.” Cal.… Read More

Not California, but in Fitts v. King Richard’s Auto Sales, Inc. 2009 WL 256379 (D.R.I. 2009), Judge Lisi held that an automobile dealer properly disclosed trade-in negative equity by increasing the cash price of the vehicle purchased.  The Court explained:   The parties agree that Plaintiffs had negative equity in the Taurus.  TILA does not require that negative equity in… Read More

In Rudek v. Frederick J. Hanna & Associates, P.C. 2009 WL 385804 (E.D.Tenn.2009), Judge Collier ruled on what constitutes proper verification of a debt in response to a debt collector’s 30 day letter under 15 U.S.C. § 1692g(b). Judge Collier held that independent validation requiring proving the merits of the obligation is not required:   Defendant contends it complied with… Read More

In Wold v. Dell Financial Services, L.P., 2009 WL 397235 (D.Minn. 2009), Judge Davis ordered a FCRA claim to arbitration due to an arbitration clause contained in Dell’s computer purchase agreement.    Wold argues that the arbitration clause at issue in this case is unconscionable because, if enforced, it would require him to take his federally-protected claims to arbitration rather… Read More

On September 23, 2008, we reported about the 9th Circuit BAP's ruling and treatment of negative equity in automobile retail installment contracts.   See our discussion of the BAP opinion at http://www.calautofinance.com/?p=118    AmeriCredit appealed to the Court of Appeals for the Ninth Circuit.  AmeriCredit received trade group and industry amicus support.  Review the Briefing here: Penrod -- AmeriCredit's Opening Brief  Penrod -- Trade… Read More

In Irvine v. 233 SKYDECK, LLC, --- F.Supp.2d ----, 2009 WL 347395 (N.D.Ill. 2009) Judge Leinenweber rejected a constitutional challenge to FACTA’s punitive damages provision, a challenge approved of in Grimes v. Rave Motion Pictures Birmingham, L.L .C., 552 F.Supp.2d 1302 (N.D.Ala., 2008). We previously reported on the Grimes decision here: http://www.calautofinance.com/?p=17 In Irvine, the district court held: Defendant's vagueness challenge… Read More

In Piccini v. Wells Fargo Auto Finance, Inc. 2009 WL 307276 (D.Ariz. 2009), Judge Campbell of the District Court of Arizona enforced Wells Fargo’s arbitration clause to cover credit reporting claims under FCRA.  Judge Campbell explained   Plaintiff does not dispute the validity of his agreement with Wells Fargo, nor does he contend that the arbitration clause is unenforceable. Dkt. #… Read More

In Ward v. Fleetwood Motor Homes (2009) 2009 WL 311407, the California Court of Appeal in an unpublished decision denied relief to a motor home buyer under the Song Beverly Act.  The case involved engine trouble which California purchasers of an RV had with their RV while en route to Mt. Rushmore.  Caterpillar, the manufacturer of the engine, paid $2,206… Read More

In Gerber v. Citigroup, Inc. 2009 WL 248094 (E.D.Cal.2009), District Judge Moulds followed the Southern District's opinion in Sial v. Unifund CCR Partners, 2008 WL 4079281 (S.D.Cal.Aug.28, 2008) (see http://www.calautofinance.com/?p=85), and rejected both the Norr-Pennington doctrine and the litigation privilege as defenses to a Rosenthal Act claim. This court is unpersuaded that the Noerr-Pennington doctrine bars actions under the FDCPA. Rather, this… Read More

In Meyer v. Sprint Spectrum, L.P. (2009) --- Cal.Rptr.3d ----, 2009 WL 197560, the California Supreme Court held that a CLRA plaintiff must have actually been damaged in order to maintain a CLRA claim.   The case arose from the plaintiffs' lawsuit against their cellular telephone company, alleging that its arbitration agreement was unconscionable, even though plaintiffs did not allege that… Read More

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