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In Loi Nguyen v. House of Imps., Nos. G056789, G057216, 2020 Cal. App. Unpub. LEXIS 4006, at *2 (June 25, 2020), the Court of Appeal affirmed a jury trial verdict in favor of a car dealer. The Court had some words for the appellant's briefing. The appellant has the duty to fairly summarize all of the facts in the light… Read More

In Newger v. First Contact, No. 1:20-cv-00039-SNLJ, 2020 U.S. Dist. LEXIS 107348 (E.D. Mo. June 18, 2020), the District Court found that an arbitration award in favor of a consumer’s creditor could be used by the debt collector to estop the consumer from bringing new claims. In this case, there is no serious dispute that the arbitral award dispensed of… Read More

We wrote about this issue last year, although the issue remains somewhat unsettled.  (https://www.severson.com/hyman-s-j-and-figueroa-k-contribution-and-indemnity-for-wrong-number-calls-under-the-telephone-consumer-protection-act-vol-73-conf-cons-fin-l-q-84-fall-2019/) In Anthony v. Progressive Leasing, No. 1:19-cv-04431-TWP-MJD, 2020 U.S. Dist. LEXIS 105846, at *5-8 (S.D. Ind. June 16, 2020), the District Court declined to allow a counter-claim for indemnity against a TCPA's Plaintiff's spouse who allegedly had provided the number. In her complaint, Plaintiff brings a… Read More

In Walker v. Westlake Fin. Servs., No. 19 C 6921, 2020 U.S. Dist. LEXIS 105794 (N.D. Ill. June 17, 2020), Judge Kendall permitted an FDCPA/TCPA defendant to file a counter-claim on the debt back against the Plaintiff. Walker, however, takes too narrow a view and disregards several relevant facts. Here, Westlake's claim involves "the same parties, contracts, and course of… Read More

On June 16, 2020, the Consumer Financial Protection Bureau (Bureau) released a series of Frequently Asked Questions (FAQs) regarding furnishers and credit reporting agencies (CRAs) obligations under the CARES Act.  Here is a link to the FAQs: https://files.consumerfinance.gov/f/documents/cfpb_fcra_consumer-reporting-faqs-covid-19_2020-06.pdf Most critically, the FAQs clarified that when enforcing the amendments to FCRA under the CARES Act, the Bureau "expects furnishers and consumer… Read More

In Hill v. CAG2 of Tuscaloosa, LLC, No. 7:19-cv-02044-LSC, 2020 U.S. Dist. LEXIS 104442 (N.D. Ala. June 15, 2020), Judge Coogler held that a car dealer was stuck with an adverse arbitration award. The facts were as follows: On January 9, 2019, Plaintiffs filed their Demand for Arbitration against Carlock, alleging violations of the Truth in Lending Act, 15 U.S.C.… Read More

In Fitzhenry v. Safe Sts. United States Llc, No. 5:19-CV-394-BO, 2020 U.S. Dist. LEXIS 105364 (E.D.N.C. June 16, 2020), the District Court permitted “other complaints” discovery in a TCPA action. Finally, Safe Streets objects to producing lists of past TCPA litigation or complaints, but such information is plainly related to willfulness and the issue of damages and is thus discoverable.… Read More

In Panzarella v. Solutions, No. 18-3735, 2020 U.S. Dist. LEXIS 104746 (E.D. Pa. June 15, 2020), Judge Tucker granted summary judgment to a TCPA defendant on the basis that no ATDS was used under the TCPA. Plaintiffs, in arguing that the ININ system is an ATDS, point to the ININ user manual and a declaration from an expert, Randall Snyder.… Read More

The California Legislature passed a budget by its annual deadline to do so--June 15, 2020—but the budget did not include Governor Gavin Newsom’s proposed mini-CFPB. Earlier, Governor Newsom’s January 2020 proposed budget included the California Consumer Financial Protection Law, which sought to overhaul the California Department of Business Oversight (“DBO”) and remake it into a more powerful Department of Financial… Read More

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