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.

15 U.S.C. § 1681s-2(a)

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 SimmsParris v. Countrywide Financial Corp., --- F.3d ----, 2011 WL 3196079 (3d Cir. 2011), the Court of Appeals for the Third Circuit affirmed FCRA’s statutory framework that a consumer must first dispute a report with the CRA in order to maintain a cause of action under 15 U.S.C. § 1681s–2(b).   In the present case, SimmsParris did not comply… Read More

On July 1, and effective July 1, 2010, July 1, 2009 Inter-agency FACTA Rule 974 Fed. Reg. 31484 (2009) was issued defining the obligations imposed on furnishers of credit reporting information.   The history behind the July 1, 2009 Inter-Agency Rule is as follows. FACTA and Implementing Regulations   On December 4, 2003, Congress passed the Fair and Accurate Transactions Act, which amended the… Read More

See my March 4, 2009 article in the Consumer Financial Services Law Report here.   Source:  Consumer Financial Services Law Report. Copyright 2009 by LRP Publications, P.O. Box 24668, West Palm Beach, FL 33416-4668. All rights reserved. For more information on this or other products published by LRP Publications, please call 1-800-341-7874 or visit their website at: www.shoplrp.com   Read More

In Sanai v. Saltz --- Cal.Rptr.3d ----, 2009 WL 162059 (2009), the Second District Court of Appeal declined to follow the First District Court of Appeal's decision in Liceaga on December 30, 2008 (http://www.calautofinance.com/?p=336), finding a private right of action under the CCRAA (Civil Code § 1785.25(a)) pre-empted by FCRA.  Instead, the Second District Court of Appeal followed the Court… Read More

In Liceaga v. Debt Recovery Solutions, L.L.C. __ Cal.App.4th __ 2008 WL 5392184 (2008), the First District Court of Appeal found no private right of action under California's Consumer Credit Reporting Agencies Act because FCRA pre-empts it.  The Court explained We are not alone in our determination that the California exception is limited and does not allow a private right… Read More

1 2