Author Archives: PLO

Crushing Student Loan Debt: A Top Consumer Problem

There are many consumer problems¬†in America today. Younger consumers are also facing the crushing burden of student loan debt. According to MarketWatch, Americans have a total of $1.2 trillion student loan debt which is racking up by $2,726.27 every second. … Continue reading

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Consumer’s Rights to Access to Information

Controlling the collection and disclosure of information is important, but consumers’ access to data about them held by private actors can often be equally important. The European Union provides a broad right of access under Article 10 of the Data … Continue reading

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Portfolio Recovery Associates TCPA Litigation Settlement

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

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Motion for summary judgment in TCPA case denied

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

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Pew Report on Checking Accounts

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

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35 Percent of Americans Facing Debt Collectors

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

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Appellate win in credit-reporting case

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.

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Thrifty-Tel, Inc. v. Bezenek

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

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Significant Victory in Meyer v. Portfolio Recovery

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.  

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Litigants Are Not Responsible for the Other Parties’ Document Storage Choices

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

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