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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 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

The Rosenthal Act’s definition of ‘debt collector’ specifically ‘does not include an attorney or counselor-at-law’.  (Cal. Civ. Code §1788.2(c)).  Decisions universally hold that individual attorneys are exempt from the Rosenthal Act.  (E.g. Lutge v Eskanos Adler, P.C. 2007 WL 1521551 (N.D. Cal. 2007). Cases split, however, on whether law firms enjoy the same exemption.      Cases finding law firms not… Read More

In De Dios v. International Realty & Investments, --- F.3d ----, 2011 WL 1346956 (9th Cir. 2011), the Court of Appeals for the Ninth Circuit held that a residential property manager was not a “debt collector” within the meaning of the FDCPA because it did not acquire the debt when in default.  The facts were as follows:     In 2001,… Read More

In Gerber v. Citigroup, Inc. 2009 WL 248094 (E.D.Cal.2009), District Judge Moulds followed the Southern District's opinion in Sial v. Unifund CCR Partners, 2008 WL 4079281 (S.D.Cal.Aug.28, 2008) (see http://www.calautofinance.com/?p=85), and rejected both the Norr-Pennington doctrine and the litigation privilege as defenses to a Rosenthal Act claim. This court is unpersuaded that the Noerr-Pennington doctrine bars actions under the FDCPA. Rather, this… Read More

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