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In Lobel Fin. Corp. v. Guiam, No. H044095, 2019 Cal. App. Unpub. LEXIS 7717, at *8 (Nov. 20, 2019), the Court of Appeal found that an automobile finance company's NOI withstood an ASFA challenge. In this case, respondent sent appellant an NOI pursuant to the ASFA. The terms of the NOI are not in dispute. What is in dispute is… Read More

In Cordoba v. DIRECTV, LLC, No. 18-12077, 2019 U.S. App. LEXIS 34146 (11th Cir. Nov. 15, 2019), the Court of Appeals for the 11th Circuit renewed the bite of Lujan’s ‘fairly traceable’ component of Article III standing, remanding to the District Court for it to re-do it’s analysis certifying a TCPA class against DIRECT TV. DIRECTV's second argument -- that class… Read More

The House Financial Services Committee passed 8 bills, according to an announcement from Rep. Maxine Waters today: The Ending Debt Collection Harassment Act of 2019 (H.R. 5021), a bill by Representative Ayanna Pressley (D-MA), to amend the Fair Debt Collection Practices Act (FDCPA) to prohibit a debt collector from contacting a consumer by email or text message without a consumer’s… Read More

In Sullivan v. Wells Fargo Bank, N.A., No. 19-0234-WS-M, 2019 U.S. Dist. LEXIS 196114 (S.D. Ala. Nov. 12, 2019), Judge Steele allowed a “permissible purpose’ FCRA case past the pleadings stage despite the commercial nature of the transaction. Entangled with the defendant's [*16]  argument that it did not pull a "consumer report" is the argument that "FCRA does not apply to… Read More

In Cowley v. Equifax Info. Servs., No. 2:18-cv-02846-TLP-cgc, 2019 U.S. Dist. LEXIS 193522 (W.D. Tenn. Nov. 7, 2019, the District Court refused to allow a scheduled monthly payment issue case to proceed under the FCRA. The only evidence Plaintiff [*9]  brings to defeat UCFSC's motion for summary judgment is that the industry guideline, the CRRG, suggests that when a furnisher of… Read More

In Alan v. Equifax, Inc., No. CV 19-6588-DMG (ASx), 2019 U.S. Dist. LEXIS 194161 (C.D. Cal. Nov. 6, 2019), the District Court found no jurisdiction over a CCRAA claim. Federal law is not essential to the CCRAA claim under Cal Civ. Code section 1785.25(a). Defendant does not argue that the FCRA is a necessary element of the Section 1785.25(a) CCRAA… Read More

In Koehler v. Waypoint Res. Grp., No. 8:18-cv-2071-T-60AAS, 2019 U.S. Dist. LEXIS 191438 (M.D. Fla. Nov. 5, 2019), the District Court held that a debt collector’s reporting of a cable bill to the CRAs did not trigger the FDCPA. All of Koehler's FDCPA claims are based on Waypoint's error in reporting the original creditor as "Charter Communications" rather than "Bright… Read More

In Persinger v. Sw. Credit Sys., No. 1:19-cv-00853-RLY-MJD, 2019 U.S. Dist. LEXIS 188920, at *9 (S.D. Ind. Oct. 30, 2019), the Defendant was sued in a class action for accessing a consumer's credit report after the consumer's account had been discharged in bankruptcy; i.e. that the defendant had no permissible purpose in accessing the consumer report for account review purposes… Read More

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