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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

In Marlin v. Chase Cardmember Services, Inc. 2009 WL 1405196 (E.D.Cal. 2009), Judge Beck held that, in an FDCPA case, a counter-claim for the debt is permissive, rather than compulsory.  Judge Beck explained:   However, although the Ninth Circuit has not specifically decided whether a counterclaim for the underlying debt in an FDCPA action is compulsory or permissive, most, if… Read More

In In re: Jamster Marketing Litigation, 2009 WL 1456632 (S.D.Cal. 2009), Judge Miller ruled on whether a Wireless Provider could be held vicariously liable under the CLRA and UCL for alleged misleading advertising by Content Providers.  While a bit far afield from auto finance, the point of law is pertinent as to whether defendants sued under such legal theories may… Read More

In Clark v. Superior Court, --- Cal.Rptr.3d ----, 2009 WL 1414903 (2009), the Court of Appeal for the Second District was asked to decide the following question:   Civil Code section 3345 (section 3345) authorizes the award of an enhanced remedy-up to three times greater than the amount of a fine, civil penalty “or any other remedy the purpose or… Read More

For our auto finance colleagues who, like us, also work in the mortgage industry, we post here our summary of the recently-enacted 2009 Foreclosure Prevention Act.  2009 California Foreclosure Prevention Act For more information, contact Sunny S. Huo at (415) 677-5519 or ssh@severson.com or any of the Financial Services Group attorneys. Read More

In Jones v. Midland Funding, LLC, --- F.Supp.2d ----, 2009 WL 1385140 (D.Conn. 2009), District Judge Martinez ruled on whether a debt collector could offer the testimony of a renowned author of a treatise on the FDCPA that collection letters were consistent with industry standards.    The defendants offer Newburger as an expert “who will be called to provide an… Read More

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