Effective, Experienced, Exceptional.

Consumer Finance

Subscribe to Consumer Finance

In Jackling v. HSBC Bank USA, N.A., No. 15-CV-6148-FPG, 2019 U.S. Dist. LEXIS 146675, at *6-7 (W.D.N.Y. Aug. 28, 2019), Judge Geraci granted a furnisher's motion in limine to limit damages. In its First Motion in Limine, HSBC argues that Jackling should be precluded from introducing evidence on damages related to the Dorschel Toyota credit denial because Dorschel denied him… Read More

In Swl v. Nextgear Capital, No. 18A-CC-2955, 2019 Ind. App. LEXIS 387, at *14-19 (Ct. App. Aug. 28, 2019), the Court of Appeals held that the trial court should not have granted summary judgment to a floorplan lender against the dealer on the dealer's promissory estoppel claim. Dealer also asserts that the trial court erred when it entered summary judgment… Read More

In Norton v. Lvnv Funding, No. 18-cv-05051-DMR, 2019 U.S. Dist. LEXIS 146863, at *15-16 (N.D. Cal. Aug. 28, 2019), Magistrate Judge Ryu held that equivocal pleading of a debt's consumer nature survived an FRCP 12(b)(6) motion. Defendants essentially argue that a plaintiff's allegations about consumer debt must be unequivocal and ironclad in order to withstand a Rule 12 challenge. This… Read More

Interpreting eleven (11) declarations from attorneys' on both sides of the FDCPA bar, Magistrate Judge Beeler reduced the rates sought by the Plaintiff's counsel in an FDCPA case in Bidwal v. Unifund Ccr, No. 3:17-cv-02699-LB, 2019 U.S. Dist. LEXIS 147004, at *17-23 (N.D. Cal. Aug. 27, 2019).  The facts and outcome were summarized by the Court. The plaintiff defaulted on… Read More

As part of its Practical Law Series, Thompson-Reuters published today its "Overview of the Song-Beverly Act" edited by Severson attorneys Kerry Franich and Scott Hyman.  Please feel free to contact either Kerry or Scott to discuss or to find out how to obtain copies of the Overview.   Kerry Franich can be reached at kwf@severson.com and Scott Hyman can be reached… Read More

In Ionescu v. Extra Space Storage, No. 19-cv-02226-YGR, 2019 U.S. Dist. LEXIS 143992, at *1-2 (N.D. Cal. Aug. 23, 2019), Judge Gonzalez-Rogers ordered a claim to arbitration. The facts were as follows: Plaintiffs Alexandru Ionescu, Lenay Johnson, and Lamar Mosley bring this putative class-action law suit against defendant Extra Space Storage Inc. ("Extra Space") for false advertising in violation of… Read More

In Eiess v. Usaa Fed. Sav. Bank, No. 19-cv-00108-EMC, 2019 U.S. Dist. LEXIS 144026, at *2-4 (N.D. Cal. Aug. 23, 2019), Judge Chen ordered a class action plaintiff's individual claim to arbitration, and stayed the claim for public injunctive relief pending the outcome of Plaintiff's individual claim. The facts were as follows: Ms. Eiess is a customer of USAA and… Read More

In Darren Trucking Co. v. Paccar Fin. Corp., No. GJH-18-3936, 2019 U.S. Dist. LEXIS 141666, at *4-6 (D. Md. Aug. 20, 2019), Judge Hazel allowed a breach of the peace claim to proceed against a finance company. Generally, "[t]he debtor's opposition, however slight and even if merely oral, normally makes any entry or seizure a breach of the peace." See… Read More

1 2 3 4 5 247