Author Archives: PLO
My co-counsel and I recently obtained preliminary approval of a class settlement of TCPA claims against Portfolio Recovery Associates and related defendants. We are pleased to present the settlement to the approximately 7.4 million class members. The settlement concludes five … Continue reading
The defendant in the In re Collecto, Inc. multidistrict litigation proceeding brought an ill-considered and ill-fated motion for summary judgment, arguing that the FCC did not have authority to construe the definition of an “automatic telephone dialing system” under 47 … Continue reading
The Pew Charitable Trusts has released the 2015 update to its report on checking accounts, “Checks and Balances.” This is a survey of disclosures from the 50 largest banks based on domestic deposit volume as tabulated in June 2014 by … Continue reading
Citing the Urban Institute’s recent study “Debt in America,” the Associated Press says “[m]ore than 35 percent of Americans have debts and unpaid bills that have been reported to collection agencies.” More noteworthy findings in the study: Americans with mortgages … Continue reading
The Ninth Circuit handed us a nice win in a case under the Fair Debt Collection Practices Act and California’s Consumer Credit Reporting Act against a debt collector that reported an erroneous debt on our client’s credit report.
I ran across one of my favorite cases, Thrifty-Tel, Inc. v. Bezenek, 46 Cal. App. 4th 1559 (2006), doing some research recently. Thrifty-Tel extended the common law tort of trespass to chattels to the computer age. The Bezenek’s teenage sons … Continue reading
The Ninth Circuit handed down its ruling on Portfolio Recovery’s appeal on October 12, 2012. The ruling represents a significant victory for my client, the class he represents, and consumers generally.
Several cases remind us that a litigant cannot protect against ordinary discovery by using a record system from which it is inordinately burdensome to retrieve relevant documents. “The fact that a corporation has an unwieldy record keeping system which requires … Continue reading
Unknown third parties compromised Wired journalist Mat Honan’s entire personal online profile. Apparently, they started by using his billing address and the last four digits of his credit card to obtain a temporary password for Honan’s Apple ID account from … Continue reading
18 U.S.C. § 1503 prohibits obstruction of justice. Section 1503’s omnibus or “catch-all” clause is broadly written: Whoever . . . corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors … Continue reading