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District Court (Cal.) Says Heightened Pleading Standard Applies to Rosenthal Act When Grounded on Allegations of Fraud

by Scott J. Hyman |

In Castorina v. Bank of Am., N.A., No. 2:21-cv-02004 WBS KJN, 2022 U.S. Dist. LEXIS 83039, at *13-14 (E.D. Cal. May 5, 2022), Judge Shubb dismissed a Rosenthal Act claim under Rule 9(b). The heightened pleading standard of Federal Rule of Civil Procedure 9(b) applies to claims under the Rosenthal Act when premised on allegations of fraud, and here plaintiff's… Read More

District Court (Cal.) Says CLRA Might Apply to Debt Collection Claims

by Scott J. Hyman |

In Poghosyan v. First Fin. Asset Mgmt., No. 1:19-cv-01205-DAD-SAB, 2020 U.S. Dist. LEXIS 14137 (E.D. Cal. Jan. 27, 2020), Judge Drozd found that a plaintiff might be able to state a claim for improper debt collection under the CLRA. Although the California Supreme Court has not yet addressed whether the CLRA applies to certain types of financial transactions such as… Read More

District Court (Cal.) Finds FDCPA Plaintiff Must Plead by Clear and Convincing Evidence that Plaintiff Did Not Receive Debt Validation Letter

by Scott J. Hyman |

In Smith v. Law Offices of Patenaude & Felix, A.P.C., 2014 WL 3695473 (S.D.Cal. 2014), Judge Hayes found that a debtor must plead by clear and convincing evidence that the debtor did not receive a debt validation letter from the debt collector. Congress enacted the FDCPA to “eliminate the recurring problem of debt collectors dunning the wrong person or attempting… Read More

District Court (Mich.) Says Plaintiff’s Threadbare Threat of Garnishment was Insufficiently Pleaded

by Scott J. Hyman |

In Raab v. Nationwide Collection Agencies, Inc., 2013 WL 53760 (W.D.Mich. 2013), Judge Bell found Plaintiff's threadbare FDCPA claim that defendant wrongfully threatened to garnish her wages failed to state a claim. The statutory violations alleged are simply a formulaic recitation of the prohibitions contained in the statutes. Plaintiff has not alleged what Defendant said or did to represent or imply that… Read More

District Court (Cal.) Finds FDCPA Plaintiff Need Not Plead “Who, What, Where” of Harassing Telephone Calls Under Iqbal/Twombly; But, Finds Invasion of Privacy Claim Inadequately Pleaded

by Scott J. Hyman |

In Kleiman v. Equable Ascent, 2013 WL 49754 (C.D.Cal. 2013), Judge Snyder allowed an FDCPA-telephonic harassment claim to proceed as adequately pleaded. Defendant's argument that plaintiff must allege the exact time debt collection phone calls occurred and the names of the individuals who made the calls appears to rest on the mistaken assumption that the heightened pleading standards of Federal Rule… Read More

District Court (Cal.) Dismisses Rosenthal Act/CCRAA Claims

by Scott J. Hyman |

In Keshishian v. AFNI Inc., 2012 WL 5378819 (C.D.Cal. 2012), Judge Feess dismissed Plaintiff’s claims as improvidently pleaded.  Plaintiff Marine A. Keshishian alleges that Defendants Afni, Inc., Enhanced Recovery Company, LLC, Equable Ascent Financial, LLC (“Equable”), and Union Adjustment Company, Inc. are engaged in unfair debt collection practices. (Docket No. 3 [Compl.].) Specifically, Plaintiff alleges violations of the Federal Fair… Read More