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CEB Prac. Guide § 2A.14 -- Persons to Whom the FDCPA Apply -- California -- Comparison with Federal Act

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In Sanders v. LoanCare LLC, No. 18-CV-09376, 2019 U.S. Dist. LEXIS 20900, at *2-3 (C.D. Cal. Feb. 1, 2019), Judge Otero addressed, albeit in a mortgage situation, whether the collection of an online payment fee during a 10-day grace period triggered the Rosenthal Act.  The facts were as follows: In February 2018, Plaintiff received a Notice of Service Transfer ("Notice")… Read More

In Ames v. T-Mobile USA, Inc., 2018 WL 3417516, at *2 (S.D.Cal., 2018), the District Court dismissed a Rosenthal Act transaction due to the absence of a consumer credit transaction. T-Mobile argues that Plaintiff’s RFDCPA claim fails because Plaintiff does not allege a consumer debt. The existence of a consumer debt is a necessary element of Plaintiff’s RFDCPA claim. Cal.… Read More

In Davidson v. Seterus, Inc., 2018 WL 1281873, at *7–10 (Cal.App. 4 Dist., 2018), the Court of Appeal found that a mortgage servicer was subject to the Rosenthal Act. Although the defendants concede that “secured debt could still be a 'consumer debt,' “ they nevertheless argue that this “does not mean a mortgage debt is a consumer debt.” The defendants… Read More

In McMillion v. Rash Curtis & Associates, 2018 WL 692105, at *4 (N.D.Cal., 2018), Judge Rodgers found that a TCPA Defendant used an ATDS during the class period. The record reflects that defendants used three dialers during the class period, namely (i) DAKCS/VIC, (ii) Global Connect, and (iii) TCN. Plaintiffs offer the testimony of Rash Curtis executives who state DAKCS/VIC and… Read More

In Kohler v. Greystar Real Estate Partners, LLC, 2017 WL 1198925, at *3 (S.D.Cal., 2017), Judge Houston dismissed a Rosenthal Act case because the Plaintiff had not pleaded that the Defendant collecting renting fell within its terms. This Court agrees with Defendant and finds that Plaintiff's claim fails to establish that Defendant was engaged in the collection of consumer debt.… Read More

In Farber v. JPMorgan Chase Bank N.A., 2014 WL 68380 (S.D.Cal. 2013), Judge Curiel found that mortgage servicers were subject to the Rosenthal Act, but found that only certain conduct might be actionable.  The facts were as follows: In September 2010, Farber sold the Property by way of a “short sale” with Defendant receiving approximately $1,139,345.00. (Id. ¶ 21.) In… Read More

In Santos v. LVNV funding, LLC, 2012 WL 3985527 (N.D.Cal. 2012), Judge Davila found that individual lawyers are exempt from the Rosenthal Act, but law firms are not. The parties point to a split in authority as to whether a law firm can be considered a “debt collector.” Plaintiff asserts that twelve of the fifteen district courts that have considered… Read More

In Ayvazian v. The Moore Law Group, et al, (Case No. 2:12-CV-01506-ODW) 2012 WL 2411181 (C.D. Cal. 2012) (Order Granting Sanctions Pursuant to FRCP Rule 11) and Minasyan v. Creditors Financial Group, LLC, et al, (Case No. 2:12-CV-01864-ODW) 2012 WL 2328242 (C.D. Cal. 2012) (Order Granting Sanctions Pursuant to FRCP Rule 11), Judge Otis Wright held that neither a lawyer nor… Read More

Contrasting with Judge Nguyen's recent decision in Greenberg v. Hunt and Henriques, 2011 WL 4639833 (C.D.Cal. 2011), Judge Thurston in Moriarity v. Henriques, 2011 WL 4769270 (E.D.Cal. 2011) allowed an in pro per plaintiff to proceed against a debt collection law firm under the FDCPA and Rosenthal Act for filing and proceeding to default judgment in a state court collection… Read More

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