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In Preston v. Midland Credit Mgmt., No. 18-3119, 2020 U.S. App. LEXIS 1775 (7th Cir. Jan. 21, 2020), the Court of Appeals for the Seventh Circuit rejected a ‘benign language’ exception to section 1692f(8), finding that an envelope’s label “TIME SENSITIVE DOCUMENT” potentially violated the FDCPA. Following his receipt of the letter, Mr. Preston filed this action in which he… Read More

In Sandoe v. Bos. Sci. Corp., Civil Action No. 18-11826-NMG, 2020 U.S. Dist. LEXIS 2800, at *11-12 (D. Mass. Jan. 8, 2020), Judge Gorton granted summary judgment on a TCPA "re-assigned" number case, permitting a "reasonable reliance" defense. The First Circuit Court of Appeals has not addressed this issue and the district courts in this Circuit and other circuits that… Read More

In Flecha v. Medicredit, Inc., No. 18-50551, 2020 U.S. App. LEXIS 481 (5th Cir. Jan. 8, 2020, the Court of Appeals for the Fifth Circuit reversed class certification in an FDCPA case. This class fails for similar reasons. Every member of the putative class received the same allegedly threatening letter from Medicredit. But the FDCPA penalizes empty threats, not all… Read More

The CCPA went live on January 1, 2020, creating a cause of action and potential liability of between $100 to $750 per person for a data breach deriving from a business' failure to maintain reasonable policies and procedures.  Unfortunately, the CCPA does not define the term "reasonable".  While compliance lawyers and consultants properly have been advising their clients to shore… Read More

The California Legislature enacted SB 708, effective January 1, 2020, as a further attack on arbitration in California.  SB 708 states, in part, that: In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration provider, that the drafting party pay certain fees and costs during the… Read More

The FTC issued a press release summarizing, and providing links to, the various data breach settlements that it has reached with businesses in the last two years.  The FTC summarized its efforts to improve its data security orders and, in doing so, suggested the types of measures the FTC looks for in determining whether a business has implemented reasonable data… Read More

In Dalessandro v. Mitchel, No. BC293472, 2019 Cal.App.LEXIS 1309 (Ct.App. Dec. 17, 2019), the Court of Appeal said that service is ineffective by proof of mailing unless there is proof that the mailing was properly paid for. We conclude the trial court did not err in denying the motion to compel. The trial court found service of the demand to… Read More

In Smith v. LoanMe, Inc., No. E069752, 2019 Cal. App. LEXIS 1282, at *2-4 (Ct. App. Dec. 20, 2019), the California Court of Appeal addressed the scope of a cause of action under Penal Code 632.7.  The facts were as follows: LoanMe is in the business of providing personal and small business loans. Smith's wife is the borrower on a… Read More

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