Consumer Finance

In Galicia v. Country Coach, Inc. 2009 WL 1144224 (9th Cir. 2009), an unpublished opinion, the Court of Appeals for the Ninth Circuit held that deliver of an RV outside the state of California prevented application of the Song-Beverly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

The FTC recently added a web page to offer assistance to businesses attempting to comply with its Red Flag identity theft rules.   http://www.ftc.gov/redflagsrule Read More

In Marshall v. Swift River Academy, 2009 WL 1112768 (9th Cir. 2009), the Court of Appeals for the Ninth Circuit confirmed (for the third time) that 15 USC 1681s-2(a) affords no private right of action.    Marshall may not maintain a claim under the FCRA for violation of Section 1681s-2(a), which imposes certain duties on those who furnish information to… 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

In Fairbanks v. Superior Court, 2009 WL 1035264 (2009), the California Supreme Court held that life insurance is neither a “good” nor a “service” subject to the CLRA.  The Supreme Court explained:    The Consumers Legal Remedies Act defines “goods” as “tangible chattels bought or leased for use primarily for personal, family, or household purposes, including certificates or coupons exchangeable for… Read More

In Hepler v. Washington Mut. Bank, F.A., 2009 WL 1045470 (C.D.Cal. 2009), Judge Snyder held that a mortgage company foreclosing on a home was not subject to either the FDCPA nor the Rosenthal Act, explaining:   To be held liable for violation of the FDCPA, a defendant must-as a threshold requirement-fall within the FDCPA's definition of “debt collector.” See Heintz… Read More

The new rules can be found here:  http://www.jamsadr.com/rules/class_action.asp Read More

In In re: Saunders, Judge Rodriguez ruled in favor of an auto finance company's claim regarding negative equity financed into an automobile purchase transaction, holding that The Court thus concludes that the hanging paragraph applies to FMC’s claim regardless of whether the charge for negative equity constitutes a purchase-money obligation. Nevertheless, the FMC’s purchase-money security interest encompasses the amount financed for… Read More

In Pickering v. Coast Center for Orthopedic Arthroscopic Surgery, 2009 WL 932629 (2009), the California Court of Appeal for the Fourth District, in an unpublished decision, reviewed a jury’s finding that an orthopedic doctor’s group was liable under the FDCPA notwithstanding its status as a creditor.  The Court of Appeal affirmed the jury’s finding that the doctor’s group’s retention of… Read More

In Yovan v. Lithia Motors, Inc. --- P.3d ----, 2009 WL 704737 (Or.App. 2009), the Oregon Court of Appeal reviewed a trial court’s remittitur of a $100,000 punitive damages verdict arising out of a dispute surround a car dealer’s sale of a vehicle.   This case involves a complaint filed by plaintiff to rescind defendant's purchase of a car from… Read More