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FCRA's pre-emptive reach is broad, preempting even California's Confidentiality of Medical Information Act.  The Court of Appeal in Brown v. Mortensen 2010 WL 324749 (2010) explained: As previously noted, we have found no cases addressing the interplay of the CMIA and the FCRA. However, multiple federal district courts have addressed the scope of FCRA preemption under section 1681t(b)(1)(F). For example, in Pirouzian… Read More

In D.L. Edmonson Selective Service Inc. v. LCW Automotive Corp. 2010 WL 309018 (C.D.Cal. 2010), the Court found the Song-Beverly Act not applicable to a vehicle delivered out-of-state, explaining: As a threshold issue, LCW contends that the Song-Beverly Act does not apply to this case because the limousine was delivered to and accepted by plaintiff in Texas, not California.FN29 “[F]or… Read More

The U.S. District Court for the Eastern District of California entered default judgments against two debt collectors in separate cases, reaching the same conclusion on different facts as to sums recoverable on default for emotional distress under the FDCPA.  In Molina v. Creditors Specialty Services, Inc. 2010 WL 235042 (E.D. Cal. 2010), the District Court entered a default judgment against… Read More

In Gastineau v. Wright, --- F.3d ----, 2010 WL 154794 (7th Cir. 2010), the Court of Appeals for the Seventh Circuit approved of a reduction of a plaintiff’s counsel’s attorneys’ fees because of counsel’s experience prosecuting FDCPA matters, explaining:   Duff argues that the district court abused its discretion by lowering his hourly rate from $250 to $150 based on… Read More

On January 20, 2010, the FCC Announced its proposed rule on the TCPA. See the Press Release here and the Proposed Rule here. Key provisions proposed by the FCC include: 1. Requiring sellers and telemarketers to obtain telephone subscribers’ express written consent (including electronic methods of consent) to receive prerecorded telemarketing calls, even when there exists an established business relationship between… Read More

In Donohue v. Quick Collect, Inc. 2010 WL 103653 (9th Cir. 2010), the Court of Appeals for the Ninth Circuit held that a complaint in a collection lawsuit is a debt collection "communication" to the debtor which, if false, may violate the FDCPA.   The complaint alleged pre-assignment interest at 18%, which was not an illegal charge in violation Washington state's usury law because… Read More

We noted that the U.S. Supreme Court has taken up the issue of the scope of the bona fide error defense to an FDCPA claim in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, LPA, 2009 WL 803127 (2009),   (See our entry at http://www.calautofinance.com/?p=883)  Oral argument was heard yesterday in the Jerman matter, and a transcript of the proceedings can be found… Read More

On December 31, 2009, the Attorney General's Office issued issued Opinion 08-804, addressing the question whether, "the single document requirement for automobile sales contracts satisfied if the document consists of multiple pages that are attached to each other and integrated by means such as inclusive sequential page numbering (e.g., “1 of 4,” “2 of 4,” etc.)?".  The Attorney General opined… Read More

In Vallies v. SkyBank, -- F.3d --, 2009 WL 5154473 (3d Cir. 2010), the Court of Appeals for the Third Circuit held that a showing of detrimental reliance is required to recover actual damages for a TILA disclosure violation in a vehicle retail installment sales contract.  Vallies  involved, in a putative class action, whether a plaintiff must prove detrimental reliance in order… Read More

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