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Defendant to Prove Consent Unless Plaintiff Pleads Himself Out of Court by Admitting Consent

After receiving a text on his cell phone offering him a free cruise, an Illinois man was disappointed to discover that the offered cruise was not really free. He sued the cruise company in federal court, alleging violations...more

8/27/2013 - Admissions Burden of Proof Cell Phones Consent Robocalling TCPA Texting

Class Action “Buy-Off” Settlement Offer Ends Florida Federal Case Because Plaintiff Had Not Yet Filed for Class Certification

Plaintiff received multiple unwanted texts generated by the automatic telephone dialing system of Defendants. Plaintiff filed a class action complaint alleging violations of the Telephone Consumer Protection Act (“TCPA”),...more

8/22/2013 - Class Action Class Certification Rule 68 Settlement TCPA Texting

FDCPA Statutory Damages Award Reduced Because Collection Calls Were Misleading But Nonthreatening And Only Occurred On One Day

A woman received phone calls from a debt collector who said a “civil claim” was pending against the woman for a consumer debt. The woman sued in federal court, alleging violations of state and federal fair debt collection...more

6/14/2013 - Attorney's Fees Damages Debt Collection FDCPA Misleading Statements

Appointment Of A Board Member By The President Without Senate Consent Is Invalid And Therefore Rulings By A Three-Member Delegee...

In National Labor Relations Board v. New Vista Nursing and Rehabilitation (--- F.3d ----, C.A.3, May 16, 2013), the United States Court of Appeals considered the validity of a ruling by the National Labor Relations Board...more

6/3/2013 - Barack Obama Canning v NLRB NLRA NLRB NLRB v New Vista Nursing Pro Forma Sessions Recess Appointments

Incentive Awards Corrupted Class Action Settlement By Undermining Adequacy Of Class Representatives And Counsel

The United States Court of Appeals for the Ninth Circuit recently considered “the issue of whether class representatives and class counsel are adequate where the settlement agreement conditions payment of incentive awards on...more

5/23/2013 - Class Action Class Representatives Incentive Awards Settlement

Reports Of Late Payments To Credit Reporting Agencies While Bankruptcy Is Pending Do Not Violate Federal And State Fair Credit...

After filing for Chapter 7 bankruptcy, a consumer discovered that her credit report listed delinquent payments to a bank even though she had been current with her payments up to the date she filed. After disputing the report...more

5/3/2013 - Bank of America Chapter 7 Credit Reporting Agencies FCRA Late Payments Unfair Competition

Court of Appeal Finds Arbitration Clause with Low Level of Unconscionability Allows for Compelled Arbitration

Sued over financing terms, a used car dealer and a financing corporation asked a trial court to compel arbitration based on an arbitration clause in the sales agreement. The trial court disagreed, finding the arbitration...more

4/30/2013 - Arbitration Mandatory Arbitration Clauses Unconscionable Contracts

Holder Rule Allows Motor Home Buyer To Assert All Claims Against Assignee Of Loan That He Otherwise Had Against Motor Home Dealer

A motor home buyer who entered into an installment sale contract with a motor home dealer alleged the motor home was defective from the time of purchase and brought a lawsuit against the dealer and the lender to which the...more

4/17/2013 - Assignees Buyers CLRA FTC Holder Rule Lenders Motor Homes Wells Fargo

Collection Calls To Third Party Did Not Violate The Fair Debt Collection Practices Act

In an unpublished opinion, the United States Court of Appeals for the Fourth Circuit recently held that repeated debt collection phone calls to a third party did not violate the Fair Debt Collections Practices Act (“FDCPA”). ...more

4/5/2013

Little Tucker Act Does Not Waive Sovereign Immunity For Alleged Violation Of Fair Credit Reporting Act

The United States Supreme Court recently held that the Little Tucker Act does not waive the sovereign immunity of the United States in an action for damages alleging a violation of the Fair Credit Reporting Act (“FCRA”). The...more

4/5/2013 - Credit Cards Data Protection FCRA Little Tucker Act SCOTUS Sovereign Immunity Waivers

Request For Sanctions For Filing A Frivolous Lawsuit Requires Evidence Beyond A Mere Conclusory Assertion

In Flint v. Beneficial Financial I Inc. (Slip Copy, 2013 WL 552622, E.D.Cal., February 12, 2013), a United States District Court considered a defendant's motion for financial sanctions against a plaintiff because defendant...more

2/26/2013 - Bad Faith FDCPA Frivolous Lawsuits Motion for Sanctions Sanctions

Attorney General Prevails In Lawsuit Against Income Tax Preparation Company

The Attorney General brought a lawsuit against an income tax preparation business alleging violations of state and federal lending, consumer protection, unfair competition, and false advertising laws. The court of appeal...more

2/22/2013 - Advertising Attorney Generals Debt Collectors False Advertising Finance Charges Hidden Fees Liberty Tax Service Marketing TILA Unfair Competition

Presidential Appointments To The National Labor Relations Board Are Invalid

In Noel Canning v. National Labor Relations Board (--- F.3d ----, C.A.D.C., January 25, 2013), the United States Court of Appeals considered a challenge to a ruling by the National Labor Relations Board (“NLRB”) on the...more

1/30/2013 - Barack Obama Canning v NLRB NLRB Pro Forma Sessions Recess Appointments

Assignee Judgment Creditor May Apply For And Receive Property Held By The State Controller Pursuant To The Unclaimed Property Law

In Weingarten Realty Investors v. Chiang (Cal. App. 4th, December 19, 2012), a California court of appeal considered whether a judgment creditor could claim property being held by the State Controller’s office on behalf of...more

12/28/2012 - Abandoned Property Assignments Judgment Creditors

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