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"Tort-in-Se"

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District Court (Cal.) Holds Plaintiff Stated Vicarious Liability Claim against Creditor for Collection Counsel’s Actions; Finds Law Firm Not Exempt from Rosenthal Act; Finds No Such Thing as “Tort-in-Se”

by Scott J. Hyman |

In McNichols v. Moore Law Group, 2012 WL 667760 (S.D.Cal. 2012), Judge Hayes held (without analysis) that a Plaintiff stated vicarious FDCPA liability against a Bank for the collection actions of its counsel.    Plaintiff alleges in the Complaint that Defendant Dis-cover Bank “uses an instrumentality of interstate commerce or the mails in a business the principal purpose of which… Read More

District Court (Cal.) Throws Out Tort-in-Se Nonsense; Rejects Invasion of Privacy Claim; Finds Rosenthal Act Penalty is $1,000 Per Lawsuit, not Per Violation

by Scott J. Hyman |

In Marseglia v. JP Morgan Chase Bank, --- F.Supp.2d ----, 2010 WL 4595549 (S.D.Cal. 2010), Judge Houston put to rest questions about the common law torts of invasion of privacy and “tort-in-se”, as well as the question regarding whether the Rosenthal Act provides multiple penalties for debt collection torts.    As to the invasion of privacy claim deriving from purportedly… Read More