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In Shuckett v. DialAmerica Mktg., No. 17cv2073-LAB (KSC), 2019 U.S. Dist. LEXIS 127049, at *6 (S.D. Cal. July 29, 2019), Judge Burns dismissed a TCPA plaintiff's claim for lack of standing because the TCPA Plaintiff was not aware of the violative call at the time that it was made. Although the Court previously determined that Shuckett's missed call was a… Read More

In Noel v. Thrifty Payless, Inc., No. S246490, 2019 Cal. LEXIS 5696, at *1 (July 29, 2019), the California Supreme Court followed the Seventh Circuit's decision in Mullins v. Direct Digital, LLC (7th Cir. 2015) 795 F.3d 654, finding that in California the "ascertainability" requirement is satisfied so long as the class definition is stated in terms of objective characteristics… Read More

In Swartzlander v. Capital Mgmt. Servs., LP, No. 19cv580-WQH-BGS, 2019 U.S. Dist. LEXIS 127053, at *3-9 (S.D. Cal. July 30, 2019), Judge Hayes dismissed an FDCPA Plaintiff's claimed premised on collection letters sent to her counsel. Defendant contends that communications to a consumer's attorney are not actionable under the FDCPA, as determined by the Court of Appeals in the controlling case… Read More

In Timlick v. Ncb Mgmt. Servs., No. A152467, 2019 Cal. App. Unpub. LEXIS 4895 (July 23, 2019), the Court of Appeal in an unpublished decision applied the Rosenthal Act’s cure provision to a type-size violation. Plaintiff argues that section 1788.30(d)'s cure provision does not apply to NCB's type-size violation for the following reasons. First, section 1788.30(d) was repealed when the… Read More

In Golan v. FreeEats.com, Inc., No. 17-3156, 2019 U.S. App. LEXIS 21015 (8th Cir. July 16, 2019), the Court of Appeals for the Eighth Circuit reduced an aggregate TCPA verdict on due process grounds. The jury returned a verdict in favor of Dr. Leininger and the other defendants. The district court entered judgment against ccAdvertising based on its prior grant… Read More

On July 12, the Governor chartered AB 1821, which seeks to overturn Lafferty’s cap on the Holder Rule.  AB 1821 adds Civil Code 1459.5 to the Civil Code, which now states A plaintiff who prevails on a cause of action against a defendant named pursuant to Title 16, Part 433 of the Code of Federal Regulations or any successor thereto, or… Read More

In Murillo v. A Better Way Wholesale Autos & Westlake Servs., Llc, No. 3:17-CV-1883 (VLB), 2019 U.S. Dist. LEXIS 117043 (D. Conn. July 15, 2019), Judge Bryant confirmed a runaway arbitration award against a car dealer.  The parties agreed to arbitrate their disputes before the American Dispute Resolution Center ("ADR") as a desk arbitration and under the American Arbitration Association… Read More

In Dixon v. AmeriCredit Fin. Servs., No. 19-30123, 2019 U.S. App. LEXIS 20319 (5th Cir. July 9, 2019), the Court of Appeals held that GM Financial’s repossession was proper. GM Financial submitted the following unrebutted summary-judgment evidence showing it complied with these requirements before repossessing Dixon's car: Dixon's car lease—proving that it was a month-to-month lease. Dixon's payment record—establishing that… Read More

In Donald Cable v. Midland Funding, No. 3:19-CV-00015-GFVT, 2019 U.S. Dist. LEXIS 115597 (E.D. Ky. July 11, 2019), Judge Van Tatenhove dismissed an FCRA claim. The Complaint acknowledges that CCU was notified of Mr. Cable's dispute and CCU subsequently verified the debt with the credit reporting agencies, [R. 1 at ¶¶ 30-31], but leaves the Court left to guess as… Read More

In Cavalry SPV I, LLC v. Watkins, No. D072299, 2019 Cal. App. LEXIS 603, at *12-15 (Ct. App. July 1, 2019), the California Court of Appeal addressed the evidence necessary to prove up a credit card debt in a debt collection action. Assuming without  deciding that California law applies, a party may accept a contract by conduct, as well as… Read More

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