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In Gonzalez v. Kay, --- F.3d ----, 2009 WL 2357015 (5th Cir. 2009), the Court of Appeals for the Fifth Circuit attempted to justify the various decisions involving whether a collection letter on law firm letterhead requires actual attorney involvement in the collection process.  The Court of Appeals explained, in part,   In sum, the main difference between the cases… Read More

In Fausto v. Credigy Services Corp., 598 F.Supp.2d 1049 (N.D.Cal. 2009), Judge Ware defined the quantum of proof necessary to recover “actual damages” under the FDCPA.    The FDCPA permits an award of actual damages for a defendant's violation of the statutory scheme. 15 U.S.C. § 1692k(a)(1). “Actual damages [under the FDCPA] not only include any out of pocket expenses,… Read More

In Gruen v. EdFund, 2009 WL 2136785 (N.D.Cal. 2009), Judge White elaborated on who may be subject to the FDCPA:  EdFund contends that it falls within the “bona fide fiduciary obligation” exemption to the FDCPA. The FDPCA exempts from the definition of “debt collector” any person “collecting or attempting to collect any debt owed or due or asserted to be… Read More

The California Attorney General assigned an opinion request number to a request on the following subject: 08-804:  Will the "single document" requirements of Civil Code Sections 2981.9 and 2985.8 regarding conditional sale contracts and motor vehicle lease contracts support multi-page documents if the pages are attached to each other and properly integrated by a appropriate means such as inclusive sequential… Read More

In Marlin v. Chase Cardmember Services, Inc. 2009 WL 2043014 (E.D.Cal. 2009), Judge Ishii held that a credit card company collecting its own obligation was not subject to the FDCPA.  Moreover, Judge Ishii denied leave to amend notwithstanding the Plaintiff’s suspicion that the creditor employed an outside agency to collect in its name.    The Court does not believe that… Read More

On Wednesday, the House Financial Services Committee heard testimony from industry on the Administration's financial reform proposals.   The testimony can found be found here, highlighted by prepared statements from AFSA, MBA. and ABA.  Today, the House FSC is hearing testimony from Consumer Advocates, whose prepared statements can be found here. Read More

In Chastain v. N.S.S. Acquisition Corp., 2009 WL 1971621 (S.D.Fla. 2009), Judge Hurley addressed whether an auto dealer violated TILA by engaging in a “spot delivery” and then repossessed the vehicle when third party financing did not materialize.  Judge Hurley found no TILA violation, explaining:   However, there is nothing in TILA or Regulation Z which prohibits financing contingencies in… Read More

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