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New FDCPA Legislation Gets Out of Committee

November 14 2019 The House Financial Services Committee passed 8 bills, according to an announcement from Rep. Maxine Waters today: The Ending Debt Collection…

7th Cir. Says Dunning Letter’s Language that Debt Collector “May” Issue 1099-C Could Be Misleading

November 11 2019 In Heredia v. Capital Mgmt. Servs., L.P., No. 19-1296, 2019 U.S. App. LEXIS 33444, at *4 (7th Cir. Nov. 8, 2019), the Court of Appeals for the 7th…

Court of Appeal (Cal.) Says Credit Card Issue Properly Sued for Account Stated; Billing Statements Met Exception to Hearsay Rule

October 29 2019 In Bank of Am., N.A. V. Byrd, No. G056792, 2019 Cal. App. Unpub. LEXIS 7176 (Oct. 28, 2019), Bank of America, N.A. (the Bank) sued Pamela K. Byrd to…

9th Cir. Allows FCRA “Permissible Purpose” Action to Proceed Despite Plaintiff Not Know the Purpose for Which the Credit Report Was Accessed

November 1 2019 In Nayab v. Capital One Bank USA, No. 17-55944, 2019 U.S. App. LEXIS 32575, at *24-32 (9th Cir. Oct. 31, 2019), the Court of Appeals for the Ninth…

Court of Appeal (Cal.) Permits Admission of Deposition Testimony from Unrelated Case Where Deponent’s Employer Had Motive and Opportunity to Examine Their Own Witness

October 31 2019 In Berroteran v. Superior Court, No. B296639, 2019 Cal. App. LEXIS 1065 (Ct. App. Oct. 29, 2019), the Court of Appeal permitted admission of prior…

District Court (NY) Says It’s Powerless to Approve Class Settlement Arising Out of Data Breach Due to Lack of Art. III Cognizable Injury

November 24 2019 In Steven v. Carlos Lopez & Assocs., No. 18-CV-6500 (JMF), 2019 U.S. Dist. LEXIS 203621 (S.D.N.Y. Nov. 22, 2019), Judge Furman declined to approve…

District Court (Wis.) Says Tort Claims Deriving From Wrongful Repossession Claim Were Not Barred By Economic Loss Rule

November 24 2019 In Burt v. Chase Auto Fin. Corp., No. 19-C-739, 2019 U.S. Dist. LEXIS 202056 (E.D. Wis. Nov. 21, 2019), Judge Griesbach permitted tort claims arising…

Court of Appeal (Cal.) Finds NOI Compliant in Unpublished Decision

November 21 2019 In Lobel Fin. Corp. v. Guiam, No. H044095, 2019 Cal. App. Unpub. LEXIS 7717, at *8 (Nov. 20, 2019), the Court of Appeal found that an automobile…

11th Cir. Reverses Class Cert. in DIRECT TV; Says “Fairly Traceable” Analysis Has Some Bite Under Art. III

November 18 2019 In Cordoba v. DirecTV, LLC, No. 18-12077, 2019 U.S. App. LEXIS 34146 (11th Cir. Nov. 15, 2019), the Court of Appeals for the 11th Circuit renewed the…

New FDCPA Legislation Gets Out of Committee

November 14 2019 The House Financial Services Committee passed 8 bills, according to an announcement from Rep. Maxine Waters today: The Ending Debt Collection…