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On May 22, 2008, Judge Fogel of the United States District Court for the Northern District of California held that the TCPA's requirement that TCPA claims be filed in state court did not deprive federal courts of diversity jurisdiction to hear such claims.  The TCPA dictates that an individual may bring a private right of action in state court.  (47 U.S.C.  § 227(b)(3),… Read More

In Saunders v. Branch Banking & Trust of Virginia, the Court of Appeals for the Fourth Circuit affirmed a punitive damage award against an automobile lender that had failed to report to the Credit Reporting Agencies in response to a Consumer Dispute Verification that the consumer disputed the account.  The Court of Appeals found that a furnisher's failure to report… Read More

In Grimes v. Rave Motion Pictures No. 07-AR-1397-S (N.D.Ala. 2008), Judge William Acker found FACTA's penalty provision of "damages of not less than $100 and not more than $1,000" for each violation unconstitutionally vague in the context of a FACTA claim arising out of businesses' failure to truncate credit card numbers on electronically printed receipts.  The Court noted that imposing… Read More

In Leckler v. CashCall, Inc,  Judge Susan Illston of the United States District Court for the Northern District refused to follow the FCC's January 4, 2008 interpretive ruling of the Telephone Consumer Protection Act, which had permitted lenders to use autodialers and prerecorded message calls to wireless numbers so long as express consent had been given, such as if the consumer provided… Read More

On May 8, 2008, the Court of Appeals for the Ninth Circuit in Reusser v. Wachovia Bank, __ F.3d __ (9th Cir. 2008) applied the Rooker-Feldman doctrine to bar re-litigation in federal court of the propriety of a non-judicial foreclosure that had been stayed by the consumer's bankruptcy.  The Rooker-Feldman doctrine holds that federal courts lack jurisdiction to review claims seeking… Read More

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