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On May 27, 2009, the Consumer Financial Services Law Report published our article entitled, "Does the Litigation Privilege Protect against Suits Filed under California's Rosenthal FDCPA?" at 13 Con. Fin. Serv. L. Rep. 3 (May 27, 2009).   The publisher allowed us to reproduce it here.   Source:  Consumer Financial Services Law Report. Copyright 2009 by LRP Publications, P.O. Box 24668, West Palm Beach,… Read More

With the FTC supporting federal legislation to regulate automobile finance, and the government's involvment in private automobile manufacturers, economists for the Obama Administration's Antitrust Division of the Department of Justice are evaluating the effects of state law prohibitions on direct automobile sales to consumers by manufacturers.  Economic Effects of State Bans on Direct Manufacturer Sales (5/09) Read More

Although we assume that their FDCPA classes are quite good, we report that a district court magistrate in Tennessee refused an in pro per Plaintiff's request for an order requiring defense counsel to attend FDCPA classes at a local law school.  The case arose in Livinston-Cross v. Bank of America, 2009 WL 1471126 (M.D.Tenn. 2009), where Judge Campbell relied on the… Read More

In Thompson v. General Motors Acceptance Corporation, __ F.3d. __ 2009 WL 1457718 (7th Cir. 2009), the Court of Appeals for the Seventh Circuit fell in line with the Courts of Appeals for the Sixth, Eighth, Ninth, and Tenth Circuits in holding that a creditor, who lawfully seizes a vehicle pre-petition, must immediately return the vehicle to the debtor.  The… Read More

The Consumer Credit and Debt Protection Act, introduced by Bobby Rush (D. Ill) on May 7, 2009, and co-sponsored by Doris Matsui (D. Cal.) and Janice Schakowski (D. Ill), currently is pending before the House of Representatives.   (H.R. 2309)   Section 2 of the Bill would authorize the FTC to regulate automobile sales: (2) AUTOMOBILE SALES- The Federal Trade Commission shall… Read More

On May 28, SB 98 passed Committee by a vote of 7-5.  This bill (1) would enact the California Car Buyers Protection Act of 2009.  This bill increases from $50,000 to $100,000 the bond required of a vehicle dealer for issuance or renewal of a dealer's license by the Department of Motor Vehicles (DMV); (2) provides that a person who… Read More

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