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In Hernandez v. Apple Auto Wholesalers of Waterbury LLC, 2022 U.S. Dist. LEXIS 179567, No. 3:17-cv-1857 (VAB) (Sept. 30, 2022), the district court addressed whether a finance company who re-tendered the contract back to the dealer remained liable under the FTC Holder Rule.  After referring the case to the Connecticut Supreme Court, the District Court followed the Supreme Court's ruling that… Read More

In Chennette v. Porch.Com, Inc., No. 20-35962, 2022 U.S. App. LEXIS 28354, at *1-4 (9th Cir. Oct. 12, 2022), the panel reversed the district court's judgment dismissing a complaint, brought by 51 individuals who are home improvement contractors, alleging violations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227(b) and (c); and remanded.  GoSmith's and Porch.com's business model… Read More

In Young v. Midland Funding, Nos. A161843, A162784, 2022 Cal. App. LEXIS 843, at *33-41 (Ct. App. Oct. 7, 2022), the Court of Appeal held that the Rosenthal Act's incorporation of the FDCPA incorporates the FDCPA's strict liability standard. Young's failure to make a prima facie case that the Midland parties deliberately ignored their obligation to serve her draws into… Read More

Today, President Biden signed an Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities (E.O.) directing the steps that the United States will take to implement the U.S. commitments under the European Union-U.S. Data Privacy Framework (EU-U.S. DPF) announced by President Biden and European Commission President von der Leyen in March of 2022. The White House's press release… Read More

In Enriquez v. Sirius XM Radio, Inc., No. 1:21-CV-1240 AWI BAK, 2022 U.S. Dist. LEXIS 178999, at *13-14 (E.D. Cal. Sep. 30, 2022), Judge Ishii remanded a UCL public injunctive relief claim for lack of sufficient monetary controversy to support removal jurisdiction. Much of SXM's argument depends on valuing the injunction from its perspective, i.e. the cost of complying with… Read More

In Guzman v. Polaris Indus., No. 21-55520, 2022 U.S. App. LEXIS 27293, at *7 (9th Cir. Sep. 29, 2022), the Court of Appeals for the 9th Circuit held that a litigant could not bring his equitable UCL claim in federal court because he had an adequate legal remedy in his time-barred CLRA claim. We agree with the district court that… Read More

In Cent. Tr. Bank v. Branch, No. SC99297, 2022 Mo. LEXIS 221, at *15-18 (Sep. 13, 2022), the Missouri Supreme Court reversed lower courts' complaints about a Bank's post-repossession notices and vehicle disposition, finding that the Bank had properly disclosed a "dealers-only" auction as a private sale. The Bank asserts the circuit court erred in ruling the Bank did not… Read More

Ruling on a motion to dismiss a claim for violation of the California Consumer Privacy Act, the Hon. Mary M. Rowland of the United States District Court in the North District of Illinois, held: Defendants argue that [Plaintiff] fails to allege a specific action Defendants took or failed to take that breached a duty under the CCPA to maintain "reasonable"… Read More

In Espinoza v. Superior Court, No. B314914, 2022 Cal. App. LEXIS 816, at *10-17 (Ct. App. Sep. 27, 2022), the Court of Appeal found that the defendant's failure to pay an arbitrator's invoice within 30 days barred arbitration, period, even if no prejudice or if there was substantial compliance.  The Court of Appeal stated. The parties do not dispute that… Read More

In Vigil v. Muir Med. Grp. Ipa, No. A160897, 2022 Cal. App. Unpub. LEXIS 5858, at *17-32 (Sep. 26, 2022), the California Court of Appeal affirmed denial of class certification in a CMIA data breach case because each classmember would have to prove that an unauthorized party viewed the confidential information.  The data breach facts were as follows.  Muir is… Read More

In Moore v. Centrelake Med. Grp., No. B310859, 2022 Cal. App. LEXIS 795, at *4-7 (Ct. App. Sep. 16, 2022), the Court of Appeal allowed a UCL claim to proceed in a data breach case.  The data breach facts were as follows: Centrelake is a medical provider operating eight medical facilities in southern California. Prior to January 9, 2019, appellants… Read More

In In re Argon Credit Llc, Nos. 16-39654, 21-00048, 2022 Bankr. LEXIS 2543, at *8 (Bankr. N.D. Ill. Sep. 15, 2022), Judge Thorne found that a deceptive letter that causes a Plaintiff to pay sums that the Plaintiff otherwise would not owe (in this case, because the debts were void or discharged by bankrutpcy) confers standing. Plaintiffs next claim is… Read More

AB 2311 on GAP Protection has been approved by the California Governor, and sent to the Secretary of State for enrollment.  The bill is described as This bill would establish provisions to govern the offer, sale, provision, or administration, in connection with a conditional sale contract, of a guaranteed asset protection waiver (GAP waiver), defined to mean an optional contractual… Read More

The Conference of State Bank Supervisors recently released new tools for nonbank financial services companies to improve their cybersecurity posture.   The CSBS - Baseline Nonbank Exam Program V1.0 and the CSBS - Enhanced Nonbank Exam Program V1.0 are tools used by state examiners nationwide to assess the cyber preparedness of nonbank entities, and provides these institutions the ability to improve their… Read More

In Barton v. Serve All Help All Inc., No. 3:21-cv-5338 RJB, 2022 U.S. Dist. LEXIS 161487, at *8 (W.D. Wash. Sep. 7, 2022), Judge Bryan denied summary judgment all around, but also denied a TCPA defendant's jurisdictional motion. Defendant argues that the Plaintiff cannot show that he has been "injured in fact" because he has not shown that he has… Read More

The Court of Appeals for the 11th Circuit reversed the Hunstein  decision that had held that sharing information with a third party vendor might constitute a violation of the FDCPA.  The decision does not make a ruling on the merits but, instead, found that the Plaintiff had failed to allege a concrete harm that would provide Article III standing.  A copy… Read More

In Scott v. Credit Consulting Servs., No. H049063, 2022 Cal. App. Unpub. LEXIS 5210, at *21-24 (Aug. 23, 2022), the Court of Appeal in an unpublished decision reversed summary judgment granted by the trial court in favor of the debt collector. The misleading character of a covered communication is material if it could "cause the least sophisticated debtor to suffer… Read More

In Russ v. XPO Logistics, LLC, No. 19-2719(DSD/JFD), 2022 U.S. Dist. LEXIS 145938, at *22-25 (D. Minn. Aug. 16, 2022), Judge Dotv ruled on whether a lessor of a commercial motor coach could be liable on a negligent entrustment theory, allowing the claim to survive summary judgment. Plaintiff also alleges that KLE negligently entrusted its equipment to Ecklund. Negligent entrustment… Read More

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