Plaintiffs frequently sue businesses in class actions for violation of the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 (the “TCPA”). The TCPA generally prohibits calls and text messages to cell phones using...more
6/13/2013 - Class Action Consent FCC TCPA Written Consent
In Pfeiffer v. Countrywide Home Loans, --- Cal.Rptr.3d ----, 2012 WL 6216039 (Dec. 13, 2012), mortgage borrowers filed a damages claim against a trustee for violating the federal Fair Debt Collection Practices Act (“FDCPA”)...more
2/5/2013 - Borrowers FDCPA Foreclosure Injunctions Mortgages Servicing Policies
In Flores v. West Covina Auto Group, --- Cal.Rptr.3d ----, 2013 WL 139200 (Cal.App. 2 Dist. Jan. 11, 2013), the California Court of Appeal extended the U.S. Supreme Court’s landmark decision in AT&T Mobility, Inc. v....more
1/22/2013 - Arbitration Agreements AT&T Mobility Class Action Class Action Arbitration Waivers Consumers Legal Remedies Act Federal Arbitration Act Preemption
The California Homeowner Bill of Rights (“HBR”) goes into effect on January 1, 2013. The HBR revamps California’s non-judicial foreclosure statutes granting borrowers additional rights. It was designed to correct perceived...more
12/12/2012 - Foreclosure Homeowner Bill of Rights Mortgages
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