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Eric Tsai
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FYI: 9th Cir Holds Class Counsel Fee Award Improperly Failed to Treat Credits as "Coupons" Under CAFA
The U.S. Court of Appeals for the Ninth Circuit held that the trial court erred in awarding $8.7 million in attorneys' fees in a class action settlement because it did not treat $20 credits issued as part of the settlement as "coupons" under the Class Actio...
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FYI: 9th Cir Adopts Broad Definition of ATDS Under TCPA, Reverses Trial Court's Ruling
The U.S. Court of Appeals for the Ninth Circuit recently held that the term automatic telephone dialing system ("ATDS"), as defined by the federal Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. ("TCPA"), includes devices that store telephone nu...
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FYI: 9th Cir Holds CAFA Amount In Controversy Includes Future Attorney's Fees Incurred After Removal
The U.S. Court of Appeals for the Ninth Circuit recently reversed a trial court's order remanding a putative class action lawsuit to state court on the ground that the defendant removing party failed to prove that the amount in controversy exceed the $5 mil...
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FYI: 9th Cir Holds FDCPA Plaintiff Must Prove Defendant's Net Worth
The U.S. Court of Appeals for the Ninth Circuit recently held that the plaintiff carries the burden of proving the debt collector's net worth to obtain statutory damages in a class action under the federal Fair Debt Collection Practices Act, 15 U.S.C. § 169...
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FYI: CA Imposes SOL Notice Requirement on Debt Collectors; Bans Legal Action on 'Time-Barred' Debt
The California legislature recently passed  Assembly Bill 1526 , relating to the collection of a debt that is beyond the statute of limitations for bringing legal action. As you may recall, since 2014, when collecting from California residents, debt buyers ...
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FYI: 9th Cir Holds 4-yr Federal "Catch-All" SOL Applies to SCRA Claims
On an issue of first impression, the U.S. Court of Appeals for the Ninth Circuit recently held the federal catchall statute of limitations of four years under 28 U.S.C. § 1658(a) applies to private suits alleging violations of section 303(c) of the federal ...
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FYI: 9th Cir Holds Judicial Foreclosures Are Debt Collection Under FDCPA
A panel of the U.S. Court of Appeals for the Ninth Circuit recently held that a law firm's effort to collect homeowner association ("HOA") assessments through judicial foreclosure constitutes debt collection under the federal Fair Debt Collection Practices ...
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FYI: California Enacts Consumer Privacy Act of 2018
California recently passed into law the  California Consumer Privacy Act of 2018  (Privacy Act), which becomes operative on Jan. 1, 2020. As with the EU's General Data Protection Regulation (GDPR), the Privacy Act gives consumers greater control over the us...
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FYI: 9th Cir Rejects ID Theft Putative Class Action for Lack of Spokeo Standing
The U.S. Court of Appeals for the Ninth Circuit recently held the plaintiff did not allege Article III standing for her claim under the federal Fair Credit Reporting Act ("FCRA") where there were no specific factual allegations plausibly tying the inclusion...
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FYI: 9th Cir Rejects FCRA Putative Class Action Relating to Short Sale Credit Reporting
In a putative class action alleging violations of the federal Fair Credit Reporting Act (FCRA), the U.S. Court of Appeals for the Ninth Circuit recently held that: (1) the credit reporting agency's reporting of short sales was not inaccurate or misleading, ...
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