Severson & Werson is pleased to announce Mary Kate Sullivan has been named the new Chief Executive Officer and Managing Partner. The newly elected members of the Executive Committee are Mary Kate Sullivan, Mark Wraight, Mike Murphy and Duane Geck.

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FDCPA (Fed & State)

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In Eaton v. Midland Credit Mgmt., No. 16cv3025-MMA (MDD), 2019 U.S. Dist. LEXIS 82346 (S.D. Cal. May 15, 2019), Judge Anello held that TCPA/FDCPA claims survive a Plaintiff’s death. Additionally, the claims pleaded are not extinguished. Decedent asserted claims under the TCPA and FDCPA. See Doc. No. 1-1. The Ninth Circuit has recognized that claims under the [*3]  FDCPA survive the… Read More

In Cooper v. Atl. Credit & Fin., No. 2:18-cv-01254-JHE, 2019 U.S. Dist. LEXIS 79011, at *15-16 (N.D. Ala. May 10, 2019), Judge England held that the FDCPA's "catch-all" provision under 1692f has limitations where allegedly offending conduct is expressly permitted under another section of the FDCPA. While Cooper cites a few cases standing for the proposition that certain conduct may… Read More

In Timlick v. Nat'l Enter. Sys., No. A154235, 2019 Cal. App. Unpub. LEXIS 3198 (May 7, 2019), the California Court of Appeal found that a type-size error was able to be cured under the Rosenthal Act’s safe harbor. While, strictly speaking, the legislative history of the Consumer Collection Notice law has no bearing in discerning the legislative intent of section… Read More

In Hall v. Southwest Credit Sys., L.P., 2019 U.S. Dist. LEXIS 73350, *5-11 (D.C. Dist. May 1, 2019), Judge Howell found that a debt collector's failure to report to the consumer reporting agencies that the account was "disputed" could violate multiple provisions of the FDCPA. This case concerns one allegation: The defendant reported a debt to credit bureaus that the… Read More

In Abdollahzadeh v. Mandarich Law Grp., LLP, No. 18-1904, 2019 U.S. App. LEXIS 12887, at *2-3 (7th Cir. Apr. 29, 2019), the Court of Appeals for the Seventh Circuit found that a collection attorney could rely on its client's information under the bona fide error rule. Abdollahzadeh challenges that ruling on several grounds. First, he argues that Mandarich's continuation of… Read More

In Mueller v. I.C. Sys., No. 18-CV-336 (AMD) (RML), 2019 U.S. Dist. LEXIS 70342, at *4-5 (E.D.N.Y. Apr. 25, 2019), Judge Donnelly let an FDCPA case past the pleadings stage. While the plaintiff's contract with Liberty Power does include a check box describing the "customer" as a "corporation," the plaintiff asserts that his intent in signing the contract was to… Read More

In Greene v. Fay Servicing, LLC, No. 19-cv-01073-JSC, 2019 U.S. Dist. LEXIS 68107, at *7-9 (N.D. Cal. Apr. 22, 2019), Judge Green remanded a Rosenthal Act claim for absence of federal jurisdiction. Defendants' notice of removal asserts that federal jurisdiction exists because the second cause [*8]  of action under the RFDCPA references violations of the Fair Debt Collections Practices Act ("FDCPA"),… Read More

In Neal v. Am. Educ. Servs., No. 2:18-cv-01784-KJN (PS), 2019 U.S. Dist. LEXIS 66584 (E.D. Cal. Apr. 18, 2019), Magistrate Judge Newman granted summary judgment against an FDCPA Plaintiff. Plaintiff argues that defendant is a debt collector because defendant "claim[s] to be in service of this [*13]  debt." (ECF No. 1-1 at 7.) However, this is not the appropriate legal standard… Read More

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