Category Archives: Uncategorized

Will Trump Axe the Consumer Financial Protection Bureau?

New announcements out of the White House suggest that the newly-elected president will seek to undo consumer protections put into place after the 2008 global recession. The Dodd-Frank Act is evidently under review. This particular challenge is directed at the … Continue reading

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Bait and Switch, Redlining, Kickbacks, and Upcharging: Are American Mortgages Dead?

A staggering amount of financial malfeasance has taken place since the global financial collapse of 2008. The Consumer Financial Protection Bureau has been tracking illegal and unethical mortgage lending practices since the Dodd-Franks Act was enacted, and has found a … Continue reading

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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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