Plaintiff brought a class action against defendant under 15 U.S.C. § 1679 (the Credit Repair Organizations Act; CROA). The federal trial court entered summary judgment in favor of defendant, reasoning defendant did not make any promises of credit improvement but instead promised to provide consumers’ credit score. The Ninth Circuit reversed, finding defendant is a credit […]
Lack Of Legal Duty Not Fatal To Plaintiff’s’ Claim.
Prior to and during a woman’s pregnancy, the baby’s father worked as an engineer for defendant. The baby was born with a number of birth defects, allegedly caused by the father’s exposure to toxic chemicals at defendant’s facility. The trial court granted summary judgment to defendant on plaintiffs’ claims on the ground defendant owed no legal […]
Eliminating Credit Card Fees Nice Try!
A class of credit cardholders brought an action challenging fees, analogizing credit card fees to punitive damages imposed in the tort context, and arguing they were subject to the substantive due process analysis described in BMW of North America, Inc. v. Gore (1996) 517 U.S. 559, [116 S.Ct. 1589, 134 L.Ed.2d 809]. The Ninth Circuit concluded […]
Lawyers Representing Debt Collection Agencies Sued By District Attorney For Unfair Business Practices.
A district attorney filed a civil action against a debt collection company and its lawyers alleging violations of the Rosenthal Fair Debt Collection Practices Act [Civil Code section 1788] and the Federal Fair Debt Collection Practices Act [15 U.S.C. § 1692]. The People set forth one cause of action, violation of California’s Unfair Competition Law [Business […]
Public Interest In Free Expression Outweighs The Public Interest In Avoiding Consumer Confusion.
Football player Jim Brown brought an action against the manufacturer of a video game that allegedly used his likeness in several versions of a game, for which he has never been compensated. The Lanham Act [15 U.S.C. § 1125(a) and § 43(a)] provides for a civil cause of action against: “Any person who, on or in […]
No Private Right Of Action For Tenant.
Plaintiff was a tenant on property for which a bank took title at foreclosure. The bank served her with a three-day notice of termination and then immediately initiated an unlawful detainer action. Plaintiff contends the bank was required to serve a 90-day notice of termination prior to eviction. She filed an action against the bank in […]
Error To Grant New Trial In Lemon Law Case.
In a lemon law action, the trial court denied the truck manufacturer’s motion in limine to exclude evidence of a repair done after the expiration of the warranty. A jury awarded plaintiff restitution value for the vehicle, and the trial court granted a new trial after concluding it erred in denying the motion in limine. The […]
Surety Is Called To Answer For Its Guaranty.
A 2007 surety specifically excluded an asset from a continuing guaranty; the asset was a personal residence. The residence was sold in 2011 and the proceeds from the sale were held in a separate account. When the senior lender foreclosed in 2012, the surety failed to make good on his guaranty. The trial court denied […]
BMW/Mini Arbitration Contract Permeated By Unconscionability.
A retail sales installment contract used to purchase an automobile that was one page, 8.5” wide and 26” long. There were numerous and extensive provisions on both sides. Plaintiffs were asked to sign, or initial, 12 places on the front side, but, no places on the back side. An arbitration clause was on the back side […]
Consumer Protection Statutes Not Preempted By Federal Law.
Plaintiff brought an action under New Hampshire’s consumer protection statutes alleging a towing company took his car, failed to notify him of its plan to auction it and sold it at auction, despite plaintiff’s notice he wanted to reclaim it. The New Hampshire court granted summary judgment to the towing company, concluding the action was preempted […]