Severson & Werson is pleased to announce Mary Kate Sullivan has been named the new Chief Executive Officer and Managing Partner. The newly elected members of the Executive Committee are Mary Kate Sullivan, Mark Wraight, Mike Murphy and Duane Geck.

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As the deadline for policy committees in the California Legislature to report non-fiscal bills out of their respective Committees looms, this week saw a number of privacy-related bills heard in the Assembly Committee on Privacy and Consumer Protection. In addition, the appropriations committees are also facing deadlines in mid-May to hear hundreds of bills that would have a fiscal impact… Read More

In Huff v. Telecheckservices,inc, No. 18-5438, 2019 U.S. App. LEXIS 13367 (6th Cir. May 3, 2019), the Court of Appeal for the Sixth Circuit found that an FCRA plaintiff had no no Art. III standing. This case deals with a fading technology (checks) and an evergreen imperative (Article III standing). When a customer buys something with a check, merchants often… Read More

In Hall v. Southwest Credit Sys., L.P., 2019 U.S. Dist. LEXIS 73350, *5-11 (D.C. Dist. May 1, 2019), Judge Howell found that a debt collector's failure to report to the consumer reporting agencies that the account was "disputed" could violate multiple provisions of the FDCPA. This case concerns one allegation: The defendant reported a debt to credit bureaus that the… Read More

Representative Waters, who heads the House Financial Services Committee, issued a statement in advance of hosting hearings on discrimination in automobile purchasing and financing.  According to the witness list, testimony was limited to consumer advocates and no witnesses from industry testified.  (https://financialservices.house.gov/calendar/eventsingle.aspx?EventID=403647)  Representative Waters issued this statement: Thank you, Mr. Chairman. Buying a car is a significant purchase for many Americans… Read More

In Revitch v. Citibank, N.A., No. C 17-06907 WHA, 2019 U.S. Dist. LEXIS 72026, at *11-14 (N.D. Cal. Apr. 28, 2019), Judge Alsup denied class certification in a TCPA "wrong number" class action. District courts have split on the propriety of class certification in similar "wrong number" TCPA actions. Plaintiff heavily relies on a line of decisions that includes West… Read More

In Abdollahzadeh v. Mandarich Law Grp., LLP, No. 18-1904, 2019 U.S. App. LEXIS 12887, at *2-3 (7th Cir. Apr. 29, 2019), the Court of Appeals for the Seventh Circuit found that a collection attorney could rely on its client's information under the bona fide error rule. Abdollahzadeh challenges that ruling on several grounds. First, he argues that Mandarich's continuation of… Read More

In Melito v. Eperian Mktg. Sols., Nos. 17-3277-cv (L), 17-3279-cv (Con), 2019 U.S. App. LEXIS 12945, at *16-20 (2d Cir. Apr. 30, 2019), the Court of Appeals for the Second Circuit followed the 9th Circuit's decision in Van Patten and held that the District Court had jurisdiction to address a class action because the class representative had Article III standing under Spokeo. Experian contends… Read More

In Mueller v. I.C. Sys., No. 18-CV-336 (AMD) (RML), 2019 U.S. Dist. LEXIS 70342, at *4-5 (E.D.N.Y. Apr. 25, 2019), Judge Donnelly let an FDCPA case past the pleadings stage. While the plaintiff's contract with Liberty Power does include a check box describing the "customer" as a "corporation," the plaintiff asserts that his intent in signing the contract was to… Read More

In Chandler v. Peoples Bank & Tr. Co., No. 18-5361, 2019 U.S. App. LEXIS 12100, at *13-14 (6th Cir. Apr. 24, 2019), an FCRA plaintiff complained that a creditor and it's assignee breached a bankruptcy re-affirmation agreement, resulting in inaccurate reporting.  Once the 6th Circuit found that there was no breach, the Court of Appeals found that no FCRA claim… Read More

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