Effective, Experienced, Exceptional.

FDCPA (Fed & State)

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.

They used to write the Official Staff Commentary, and give "Informal Staff Opinion" letters to industry to assist industry in complying with the FDCPA.  Now, the FTC has filed a Comment in response to the CFPB's Notice of Proposed Rulemaking that can be found at https://www.ftc.gov/system/files/documents/advocacy_documents/comment-staff-federal-trade-commissions-bureau-consumer-protection-matter-proposed-rule-request/final_-_cfpb_debt_coll_draft_comment_9-13_v2_1pm_ver_to_comm.pdf  The FTC devotes almost half of their comment to reminding the CFPB that the… Read More

In Norton v. Lvnv Funding, No. 18-cv-05051-DMR, 2019 U.S. Dist. LEXIS 146863, at *15-16 (N.D. Cal. Aug. 28, 2019), Magistrate Judge Ryu held that equivocal pleading of a debt's consumer nature survived an FRCP 12(b)(6) motion. Defendants essentially argue that a plaintiff's allegations about consumer debt must be unequivocal and ironclad in order to withstand a Rule 12 challenge. This… Read More

Interpreting eleven (11) declarations from attorneys' on both sides of the FDCPA bar, Magistrate Judge Beeler reduced the rates sought by the Plaintiff's counsel in an FDCPA case in Bidwal v. Unifund Ccr, No. 3:17-cv-02699-LB, 2019 U.S. Dist. LEXIS 147004, at *17-23 (N.D. Cal. Aug. 27, 2019).  The facts and outcome were summarized by the Court. The plaintiff defaulted on… Read More

In Williams v. Enhanced Recovery Co., LLC, No. 18-cv-03699-HSG, 2019 U.S. Dist. LEXIS 137631 (N.D. Cal. Aug. 14, 2019), Judge Gilliam granted summary judgment to a debt collector. The Court finds that ERC has carried its burden to establish an entitlement to the bona fide error defense, and the Court thus does not consider whether there is a material dispute… Read More

In DiNaples v. MRS BPO, LLC, No. 18-2972, 2019 U.S. App. LEXIS 23937 (3d Cir. Aug. 12, 2019), the Court of Appeals extended its Douglass decision to QR codes. There is no dispute that that provision plainly prohibits the QR code. Still, as other courts have observed, § 1692f(8) is rather expansive when read literally. It would seemingly prohibit including… Read More

It seems like an argument down the rabbit hole, but in Lavallee v. Med-1 Sols., LLC, No. 17-3244, 2019 U.S. App. LEXIS 23664, at *11-15 (7th Cir. Aug. 8, 2019), the Court of Appeal found that privately-linked debt collection e-mails were not collection communications, disagreeing with the debt collector's argument that its e-mails were, in fact, collection communications.   Huh? Everyone… Read More

In Swartzlander v. Capital Mgmt. Servs., LP, No. 19cv580-WQH-BGS, 2019 U.S. Dist. LEXIS 127053, at *3-9 (S.D. Cal. July 30, 2019), Judge Hayes dismissed an FDCPA Plaintiff's claimed premised on collection letters sent to her counsel. Defendant contends that communications to a consumer's attorney are not actionable under the FDCPA, as determined by the Court of Appeals in the controlling case… Read More

In Timlick v. Ncb Mgmt. Servs., No. A152467, 2019 Cal. App. Unpub. LEXIS 4895 (July 23, 2019), the Court of Appeal in an unpublished decision applied the Rosenthal Act’s cure provision to a type-size violation. Plaintiff argues that section 1788.30(d)'s cure provision does not apply to NCB's type-size violation for the following reasons. First, section 1788.30(d) was repealed when the… Read More

In Cavalry SPV I, LLC v. Watkins, No. D072299, 2019 Cal. App. LEXIS 603, at *12-15 (Ct. App. July 1, 2019), the California Court of Appeal addressed the evidence necessary to prove up a credit card debt in a debt collection action. Assuming without  deciding that California law applies, a party may accept a contract by conduct, as well as… Read More

1 2 3 4 82