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Loyhayem v. Fraser Financial & Insurance Services
Telephone Consumer Protection Act prohibits any robocalls to cell phones, not just those for advertising or telemarketing purposes. 		Consumer Law 9th Aug. 11, 2021
Moore v. Trader Joe's
No deceptive marketing where other available information about product would flag reasonable consumer that product is not 100 percent as stated. 		Consumer Law 9th Jul. 16, 2021
Federal Communications Commission v. Prometheus Radio Project
Federal Communications Commission's decision to repeal ownership rules based on imperfect data was not arbitrary or capricious for purposes of Administrative Procedure Act. 		Consumer Law USSC Apr. 2, 2021
Manikan v. Peters & Freedman LLP
Debtors are precluded from bringing Fair Debt Collection Practices Act claims premised on bankruptcy discharge order, but plaintiff's claim was not precluded because his debt was fully paid before discharge. 		Consumer Law 9th Nov. 27, 2020
Marino v. Ocwen Loan Servicing
Summary judgment in favor of mortgage servicer who obtained consumers' credit report following bankruptcy discharge was proper because they had permissible reasons to obtain reports. 		Consumer Law 9th Oct. 21, 2020
Modification: Ramos v. Mercedes-Benz USA, LLC
Buyer may not obtain restitution of new vehicle's full price, where manufacturer failed to complete repairs within 30 days, but defect did not substantially impair vehicle's use, value or safety. 		Consumer Law 2DCA/8 Oct. 5, 2020
Ramos v. Mercedes-Benz USA, LLC
Buyer may not obtain restitution of new vehicle's full price, where manufacturer failed to complete repairs within 30 days, but defect did not substantially impair vehicle's use, value or safety. 		Consumer Law 2DCA/8 Oct. 2, 2020
Moore v. Mars Petcare US
Under reasonable consumer test, plaintiffs sufficiently alleged that sale of prescription pet food exclusively through vets or with veterinarian approval was a deceptive practice. 		Consumer Law 9th Jul. 29, 2020
Kirzhner v. Mercedes-Benz USA, LLC
Vehicle registration renewal and nonoperation fees are not recoverable as collateral charges under Song-Beverly Consumer Warranty Act, but they are recoverable as incidental damages. 		Consumer Law CASC Jul. 28, 2020
Farrell v. Boeing Employees Credit Union
Appellant's federal wages were properly garnished under California garnishment order because it was properly served on appellant's employer and appellant remained employee when appellant moved in between states. 		Consumer Law 9th Jul. 17, 2020
American Chemistry Council v. Office of Environmental Health etc.
In absence of contrary evidence, the court must presume Carcinogen Identification Committee properly carried out its obligation and followed its own guidance criteria. 		Consumer Law 3DCA Jul. 13, 2020
Barr v. American Assn. of Political Consultants, Inc.
Government-debt exception to Telephone Consumer Protection Act of 1991 was unconstitutional because it violated the First Amendment and thus was severed from remainder of statute. 		Consumer Law USSC Jul. 7, 2020
Spikener v. Ally Financial, Inc.
Under Holder Rule, debtor's recovery, including any attorney fees based on Holder Rule claim, cannot exceed amount debtor paid under the contract. 		Consumer Law 1DCA/5 Jun. 11, 2020
N.L. v. Credit One Bank
Companies calling customers without consent with the intent to call previous consenting customers are not exempt from TCPA liability. 		Consumer Law 9th Jun. 4, 2020
Sosa v. CashCall, Inc.
Asking 'how many of consumers who received an offer were given a loan' was relevant to show whether lenders' offer was a 'firm offer.' 		Consumer Law 4DCA/3 May 15, 2020
Luna v. Hansen & Adkins Auto Transport
Employer does not violate Fair Credit Reporting Act by providing FCRA disclosure simultaneously with other employment materials. 		Consumer Law 9th Apr. 27, 2020
Reynolds v. Ford Motor Co.
Trial court did not abuse its discretion in awarding plaintiff attorney fees under Song-Beverly Consumer Warranty Act without considering plaintiff's contingency fee agreement. 		Consumer Law 1DCA/3 Apr. 23, 2020
Gilliam v. Levine
Trust does not lose all consumer disclosure protections when it seeks to finance repairs to personal residence for beneficiary, rather than for trustee. 		Consumer Law 9th Apr. 15, 2020
Walker v. Fred Meyer Inc.
FCRA's standalone disclosure requirement does not allow for inclusion of any extraneous information in the consumer report disclosure. 		Consumer Law 9th Mar. 23, 2020
Brown v. Stored Value Cards Inc.
Electronic Fund Transfers Act's prohibition on charging service fees to general use prepaid cards applied to prepaid debit cards given to released inmates because they belonged to general public. 		Consumer Law 9th Mar. 17, 2020
McAdory v. DNF Associates
Entity that meets 'principal purpose' definition of debt collector cannot avoid liability merely by hiring a third party to collect its debt. 		Consumer Law 9th Mar. 10, 2020
Shaeffer v. Califia Farms, LLC
Truthful advertising claims about company's own product are generally unactionable under California's Unfair Competition Law because reasonable consumer is unlikely to be deceived by truth. 		Consumer Law 2DCA/2 Feb. 10, 2020
Patel v. Mercedes-Benz USA
The Song-Beverly Consumer Act prohibits lower court from limiting attorney's fees to two different plaintiffs in vehicle breach of warranty case. 		Consumer Law 2DCA/4 Jan. 3, 2020
Stimpson v. Midland Credit Management
A debt collection letter need not notify the debtor that the debt is time-barred; passive notification that the debtor will not be sued satisfies the Fair Debt Collection Practices Act. 		Consumer Law 9th Dec. 19, 2019
Amended Opinion: Moran v. The Screening Pros
'Connor v. First Student, Inc.'s holding that California's Investigative Consumer Reporting Agencies Act overlaps with Consumer Credit Reporting Agencies Act, foreclosed argument that the statutory scheme was unconstitutionally vague. 		Consumer Law 9th Nov. 22, 2019
Kalta v. Fleets
Individuals who use their business to purchase goods or services for personal use have standing to sue under the Consumer Legal Remedies Act 		Consumer Law 2DCA/8 Oct. 31, 2019
Amended Opinion: Zabriskie v. Federal National Mortgage Association
A seller of software to a company that uses the software product to process credit report information is not a consumer reporting agency because it is not "assembling or evaluating" any information. 		Consumer Law 9th Oct. 9, 2019
Williams-Sonoma Song-Beverly Act Cases
Under the Song-Beverly Credit Card Act, liability depends on whether a person believes that providing their personal identification information is a condition to a credit card payment being accepted. 		Consumer Law 1DCA/3 Oct. 2, 2019
Andrews v. Sirius XM Radio
The Driver's Privacy Protection Act is not violated when information is obtained from a driver's license because driver's licenses are considered individual property, not DMV property. 		Consumer Law 9th Aug. 9, 2019
Nguyen v. Nissan North America
Plaintiff's theory of liability--that defendant's manufacture and concealment of defective clutch system injured class members--was consistent with his proposed recovery based on benefit of the bargain. 		Consumer Law 9th Jul. 29, 2019
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