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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

In Wideman v. Monterey Financial Services, Inc., 2009 WL 1292830 (W.D.Pa. 2009), Magistrate Judge Hay held that an obtuse e-mail sent to a third party about a debtor could state a claim for third party disclosure violation under the FDCPA.  In Wideman, the Plaintiff claimed that the debt collector violated § 1692c(b) when it left a message with the plaintiff’s… Read More

In Galicia v. Country Coach, Inc. 2009 WL 1144224 (9th Cir. 2009), an unpublished opinion, the Court of Appeals for the Ninth Circuit held that deliver of an RV outside the state of California prevented application of the Song-Beverly Consumer Warranty Act to the transaction.   The district court did not err in granting McMahon's summary judgment. The Galicias' Song-Beverly… Read More

In Piontek v. IC System, Inc. 2009 WL 1044596 (M.D.Pa. 2009), Judge Rambo held that a Plaintiff seeking emotional distress damages put at issue other lawsuits she had filed.    Here, Plaintiff's motivation for her actions giving rise to the suit, or for bringing the suit, are irrelevant to the issue of whether Defendants violated the FDCPA through their dealings… Read More

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