During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.

Consumer Finance

Subscribe to Consumer Finance

Thank you for your desire to subscribe to Severson & Werson’s Consumer Finance Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

In Bennett v. Cielo Homeowners Ass'n, No. 19-cv-2131-WQH-BLM, 2020 U.S. Dist. LEXIS 78850, at *17-20 (S.D. Cal. May 4, 2020), Judge Hayes addressed principal/agent liability under the FDCPA. "Seeking somewhat to level the playing field between debtors and debt collectors, the FDCPA prohibits debt collectors 'from making false or misleading representations and from engaging in various abusive and unfair practices.'"… Read More

In Stasi v. Inmediata Health Grp. Corp., No. 19cv2353 JM (LL), 2020 U.S. Dist. LEXIS 79303, at *1-4 (S.D. Cal. May 5, 2020), Judge Miller dismissed a nationwide identity theft/data breach class action. The facts were as follows: Plaintiffs allege that in January of 2019, Inmediata learned it was experiencing a large "data security incident" resulting in the exposure of… Read More

In June 2018, Alastair MacTaggart and Rick Arney of Californians for Consumer Privacy managed to get the California Legislature to pass the most sweeping privacy legislation in the country - the California Consumer Privacy Act of 2018 (“CCPA”). However, as we reported on September 27, 2019, it turns out that they were just getting started with CCPA.  On September 25,… Read More

On April 1, 2020, the California Supreme Court granted review in Smith v. LoanMe.  Recently, Judge Hayes in Brinkley v. Monterey Fin. Servs., LLC, No. 16-cv-1103-WQH-WVG, 2020 U.S. Dist. LEXIS 70025 (S.D. Cal. Apr. 20, 2020) stayed reconsideration of his ruling in favor of the Plaintiffs, in light of the Supreme Court granting review in Smith.  Judge Hayes explained that Monterey sought… Read More

In Medley v. Dish Network, No. 18-13841, 2020 U.S. App. LEXIS 14052, at *13-18 (11th Cir. May 1, 2020) , the Court of Appeals for the Eleventh Circuit followed the Second Circuit's Reyes decision, finding that contractual consent cannot be revoked under the TCPA. Finally, Medley appeals the district court's ruling in favor of DISH on her TCPA claim. The… Read More

In Wagoner v. Npas, Inc., No. 3:18-CV-520 DRL-MGG, 2020 U.S. Dist. LEXIS 73381 (N.D. Ind. Apr. 27, 2020), Judge Leichty granted summary judgment under the FDCPA to an ‘early out’ debt servicer. NPAS serves as an "early-out" collector and extended business office for healthcare systems. A company hired to service the debt of another—i.e., send bills and collect routine payments—falls… Read More

In Krier v. United Revenue Corp., No. 3:19-CV-2954-G, 2020 U.S. Dist. LEXIS 74844 (N.D. Tex. Apr. 28, 2020), Judge Fish allowed an FDCPA claim premised on 15 USC 1692e(8) because the debt collector did not report the account a disputed. Krier claims that United violated Section 1692e(8) of the FDCPA by failing to include notice of Krier's dispute in the… Read More

1 2 3 4 5 258