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Update:  Motion Continued to November 21, 2008. -Ed.    Defendants' Motion to Dismiss based on the Hobbs Act is fully briefed, and scheduled for hearing on October 31, 2008.   Plaintiffs' Opposition states: It appears that part of Defendant's motion has merit and Plaintiff agrees that the Orders granting Plaintiff's and denying Defendant's summary judgment motions must be set aside for… Read More

In Yang v. DTS Financial Group (U.S.D.C. No. 07-CV1731JLS (WMc)), Judge Sammartino of the U.S.D.C. for the Southern District of California opined on whether a 'for profit' credit counseling service fell outside the FDCPA.  On an FRCP 12(b)(6) motion, Judge Sammartino held that the plaintiffs had pleaded adequate facts to surve the Motion.  The plaintiff had pleaded: Before May 1, 2006,… Read More

The Federal Trade Commission said it would delay implementation of what is known as the “Red Flag” rules from Nov. 1 to May 1, 2009. The rule requires that creditors adopt programs to identify and respond to indicators of identity theft.  For the FTC's Notification, please see http://www.ftc.gov/opa/2008/10/redflags.shtm  For my earlier post on the FTC's Red Flag Rules, please see:  http://www.calautofinance.com/?p=148 Read More

In Great Seneca Financial v. Holtzclaw, (L.A.Super. No. LC075416), Superior Court Judge Lichtman granted Summary Adjudication to Great Seneca Financial against the debtor's FDCPA claim.  The debtor argued that Great Seneca had not qualified to do business in California at the time Great Seneca filed a collection action against the debtor.  Judge Lichtman rejected that argument as factual basis for… Read More

It's not an automobile case, but is interesting for statements of law applied.  In Galindo v. Financo Financial, Inc., 2008 WL 4452344 (N.D.Cal. 2008), Judge William Alsup required strict compliance with the CLRA's pre-filing notice requirement: California courts require “strict” compliance with Section 1782. Outboard Marine Corp. v. Superior Court, 52 Cal.App.3d 30, 40-41, 124 Cal.Rptr. 852 (1975). Plaintiffs filed the… Read More

In Roybal v. Equifax, Judge England issued three separate opinions addressing liability of furnishers and credit reporting agencies.  In Roybal v. Equifax, 2008 WL 453447 (E.D.Cal. 2008), Judge England addressed the CRAs for publishing allegedly inaccurate credit information about the plaintiff.  First, Judge England allowed a wife to pursue a claim for inaccuracies in the husband's credit report:   The… Read More

In Boyle v. Arrow Financial Services, LLP, 2008 WL 4447727 (N.D.Cal. 2008), Judge Hamilton addressed whether a debt collector violates the FDCPA by including the following language in a collection letter: The letter also stated: “As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting… Read More

United States District Court Judge David Carter recently approved a sweeping class action settlement under which the three credit reporting agencies have agreed to scrub historical data regarding bankrupt debtors.  White v. Experian, et. al. Case No. SACV 05-1070 DOC (MLGx) (C.D.Cal. 2008) Essentially, the CRAs typically would remove pre-bankruptcy debts from consumers' credit files only if the furnishers updated… Read More

Reminder:  FACTA Red Flag Rules become mandatory November 1, 2008.    From the FTC's website: The Federal Trade Commission (FTC), the federal bank regulatory agencies, and the National Credit Union Administration (NCUA) have issued regulations (the Red Flags Rules) requiring financial institutions and creditors to develop and implement written identity theft prevention programs, as part of the Fair and Accurate Credit… Read More

When an out-of-state car dealer successfully demonstrates that California had no jurisdiction over it, does the trial court retain jurisdiction to award attorneys fees to that defendant?  Yes it does, said a California Court of Appeal in Shisler v. Sanfer Sports Cars, Inc. (2008) __ Cal.Rptr. 3d __ 2008 WL 4347761.    Moreover, in determining whether the car dealer was… Read More

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