California Lawyers Association

Business Law Consumer Financial Services Committee

Updates from the BLS Consumer Financial Services Committee

The Consumer Financial Services Committee held its monthly Zoom meeting on July 28th. Here’s a summary and a few notes on upcoming meetings and topics. Read more
In Facebook v. Duguid, --- S. Ct. ----, 2021 WL 1215717 (Apr. 1, 2021), a unanimous United States Supreme Court on April 1, 2021, resolved more than a decade of Telephone Consumer Protection Act (TCPA) litigation and untold millions of dollars in claims by disentangling the contorted definition of automatic telephone dialing system (ATDS), or autodialer. Courts have struggled to uniformly define this equipment, creating a Circuit split. Read more
On September 28, 2020, on an issue of first impression, a federal district court in Louisiana held that the TCPA’s autodialer and pre-recorded message provision (the “automated-call ban”) is unconstitutional as applied to any calls made between November 2015 and July 6, 2020. Read more
In Glasser v. Hilton Grand Vacations Company, LLC., No. 18-1449 (2020), the Eleventh Circuit ruled that the TCPA’s definition of an auto-dialer requires random or sequential number generation. This decision aligns with the Third Circuit and certain district courts that are split with the Ninth. In Marks v. Crunch San Diego, LLC, 904 F.3d 1041 (2018), the Ninth Circuit broadly construed the definition to include equipment that dials automatically from a stored list. Glasser adopts a significantly narrower definition. Read more
In Frazier v. First Advantage Background Services Corp., No. 3:17cv30, 2019 WL 4601616 (E. D. Va. Sep. 23, 2019), the Eastern District of Virginia issued an erudite opinion offering guidance on when the Supreme Court’s Spokeo decision might apply to the challenge of a Fair Credit Reporting Act (“FCRA”) claim. Read more
The Consumer Financial Services Committee will be holding a meeting on Thursday, July 18, from 11:30 to 12:30. The dial-in number is (855) 520-7605 and conference code is 9085 062 381#. Read more
Our very own Julie Greenfield will be presenting on "The Revenge of the HELOCs: Another Foreclosure Crisis?" (presentation attached). She recently presented this to the Orange County Bar Association and we are lucky to have the opportunity to hear it too! Read more
On January 21, 2016, the California Supreme Court ruled that the state’s anti-deficiency statute enumerated under California Code of Civil Procedure Section 580b applied to short sales in addition to foreclosures.  Coker v. JPMorgan Chase Bank, N.A., S213137, 2016 WL 240901 (Cal. Jan. 21, 2016).  Section 580b states that no deficiency judgment may be obtained by the lender against the borrower when he/she defaults on a purchase money loan and the lender exhausts its security via sale under the deed of… Read more
On December 4, 2015, The Federal Trade Commission (“FTC”) reached an agreement to end litigation with five of the six defendants stemming from the complaint filed April 15, 2015, against Chad Caldaronello, Derek Nelson, Brian Pacios, Cortney Gonsalves, and Justin Moreira, DBA HOPE Services and HAMP Services.  Litigation against a sixth defendant, Denny Lake, has not settled. The original complaint, which was filed under seal, sought to obtain permanent injunctive relief, rescission of contracts restitution, refund of monies paid, and… Read more
On December 17, 2015, the Consumer Financial Protection Bureau (“CFPB”) filed a complaint in federal court against a Burbank company called T3Leads.  The CFPB alleged that the company violated the Dodd-Frank Wall Street Reform and Consumer Protection Act.   According to the complaint, the Bureau alleged that the company bought and sold personal customer information from payday and installment loans without properly vetting the customers.  T3Leads is “lead aggregator.”  This type of company purchases consumer information (leads) from websites that market… Read more

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