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In Persinger v. Sw. Credit Sys., L.P., No. 21-1037, 2021 U.S. App. LEXIS 37986, at *16-17 (7th Cir. Dec. 22, 2021), the Court of Appeals for the 7th Circuit affirmed dismissal of an FCRA "Permissible Purpose" case arising out of a post-discharge credit pull.  The facts were as follows: Persinger and her husband jointly filed for bankruptcy in 2017. Their… Read More

In Wolfson v. Bank of Am., N.A., No. 20-35792, 2021 U.S. App. LEXIS 37864, at *2 (9th Cir. Dec. 21, 2021), the Court of Appeals affirmed dismissal of an FDCPA claim. The district court properly dismissed Wolfson's FDCPA claims because Wolfson failed to allege facts sufficient to show that defendant Bank of America, N.A., is considered a debt collector under… Read More

In Widjaja v. JPMorgan Chase Bank, N.A., No. 20-55862, 2021 U.S. App. LEXIS 37512, at *1-2 (9th Cir. Dec. 20, 2021), the Court of Appeals affirmed in part and reversed in part the district court's dismissal of an action under the Electronic Fund Transfer Act against JPMorgan Chase Bank.  The Court of Appeals summarized its holding as follows: Reversing the… Read More

In Pascal v. Concentra, Inc., No. 19-cv-02559-JCS, 2021 U.S. Dist. LEXIS 239583, at *23-30 (N.D. Cal. Dec. 14, 2021), Judge Spero granted summary judgment to a TCPA defendant on the basis that no ATDS was used. Based on the undisputed facts relating to Textedly's functionality, Plaintiff does not dispute that the text messages at issue in this case were not… Read More

In Bbbb Bonding Corp. v. Caldwell, No. A162453, 2021 Cal. App. LEXIS 1100, at *2-4 (Ct. App. Dec. 29, 2021), the Court of Appeal found that bail bond premium financing agreements are "consumer credit contracts". This appeal requires us to interpret a long-standing consumer protection statute in a novel context: whether the requirement under Civil Code section 1799.91 that notice… Read More

In Raphael Aus. v. Alorica, Inc., No. 2:20-cv-05019-ODW (PVCx), 2021 U.S. Dist. LEXIS 240677, at *5-6 (C.D. Cal. Dec. 16, 2021), Judge Wright dismissed a TCPA claim but allowed a Rosenthal Act claim to proceed.  As to the TCPA claim, Judge Wright held: The parties dispute whether alleging that a system calls a prepopulated list of customers or clients is… Read More

In Flores v. Westlake Servs., No. B308288, 2021 Cal. App. Unpub. LEXIS 7876, at *13-14 (Dec. 16, 2021), the Court of Appeal found in an unpublished decision that the FTC Holder did not cap attorneys' fees.  The Pulliam case, on which the Court of Appeal relied, is on appeal to the California Supreme Court. Upon considering these factors, Pulliam concluded the FTC's… Read More

In Brown v. DirecTV, LLC, No. CV 13-1170 DMG (Ex), 2021 U.S. Dist. LEXIS 231014, at *15-23 (C.D. Cal. Dec. 1, 2021), Judge Gee discussed how wrong number codes might impact class certification. But that does not mean that Plaintiffs' procedure is otherwise improper—if done in the proper sequence. The Class is defined to include only non-customers, and DirecTV has… Read More

In Romoff v. GM LLC, No. 21-cv-00938-WQH-BGS, 2021 U.S. Dist. LEXIS 231369, at *9 (S.D. Cal. Dec. 2, 2021), Judge Hayes dismissed a complaint alleging that a vehicle manufacturer's disclosure of a destination charge was deceptive because it did not also disclose that such charge contained a profit element. Plaintiffs allege that by calling the charge a "Destination Charge," GM… Read More

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