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New FDCPA Legislation Gets Out of Committee

14/11/2019 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

11/11/2019 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.) Permits Admission of Deposition Testimony from Unrelated Case Where Deponent’s Employer Had Motive and Opportunity to Examine Their Own Witness

31/10/2019 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…

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

29/10/2019 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

01/11/2019 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…

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