Posts tagged california.

In Schneider v. Bank of Am. N.A., No. 2:11-CV-2953-LKK-EFB PS, 2013 WL 1281902 ( E.D. Cal. Mar. 26, 2013), the Eastern District of California dismissed a Plaintiff's claims under the Real Estate Settlement and Procedures Act ("RESPA"), holding that the 10-day QWR response deadline provided in the amended version of RESPA does not apply to QWRs submitted prior to the amendment's effective date. Plaintiff Christopher Schneider ("Plaintiff") sought a temporary restraining order enjoining Defendants Bank of America, N.A., BAC Home Loans Servicing, LP, and Quality Loan Service ...

Posted in: California, RESPA

Claims under the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227, et seq., which prohibits, among other things, companies from calling an individual's cell phone without prior consent, often involve discovery requests for call logs and call reports. Recently, a California federal court held that a defendant may be required to produce this information even in the pre-certification stages of a class action suit. In a recent case, Knutson v. Schwan's Home Service, Inc., No. 12-cv-964-GPC, 2013 WL 1222116 (S.D. Cal. Mar. 25, 2013), the parties filed a document entitled ...

Posted in: California, TCPA
In two related opinions issued last week, Arutyunyan v. Cavalry Portfolio Services, et al., Case No. CV-12-4122, 2013 WL 500480 (C.D. Cal. Feb. 11, 2013) and Arutyunyan v. Cavalry Portfolio Services, et al., Case No. CV-12-4122, 2013 WL 500452 (C.D. Cal. Feb. 11, 2013), the United States District Court for the Central District of California ordered a debtor's attorney to pay attorneys' fees and costs to two defendants after a lawsuit was dismissed for the attorney's failure to prosecute it. On May 11, 2012, Ashkhen Arutyunyan ("Plaintiff") filed a complaint against several ...
Posted in: California, FCRA, FDCPA

The United States District Court for the Southern District of California gave its preliminary approval to a $17.1 million settlement fund in a class action brought under the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § § 227 et seq. in Malta v. Federal Home Loan Mortgage Corporation, et al., No. 10-CV-1290 BEN (NLS), 2013 WL 444619 (S.D. Cal. Feb. 5, 2013). In Malta, the plaintiffs alleged that one of the defendants, a loan servicer, violated the TCPA by calling the cellular phones of account-holders "without 'prior express consent,' using an 'automatic telephone dialing ...

Posted in: TCPA
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