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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
Warner v. Experian Information Solutions, Inc.
Under Section 1681i of the Fair Credit Reporting Act, consumer reporting agencies have no duty to investigate a consumer's credit file if the consumer does not notify the agency directly. 		Consumer Law 9th Jul. 25, 2019
Cavalry SPV I, LLC v. Watkins
The fact that creditor stopped sending regular monthly statements after it deemed debtor's account uncollectible and charged it off does not establish that creditor waived its right to post charge-off interest. 		Consumer Law 4DCA/1 Jul. 2, 2019
Merck Sharp & Dohme Corp. v. Albrecht
Court of Appeals treated pre-emption question as one of fact, not law, and it did not have an opportunity to consider fully the standards described; thus, judgment vacated and remanded. 		Consumer Law USSC May 21, 2019
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 May 15, 2019
Valdez v. Seidner-Miller, Inc.
Correction offer under Civil Code Section 1782(b) that would bar claims not subject to Consumer Legal Remedies Act notice requirements, and was conditioned on unilateral subjective determinations, was inappropriate. 		Consumer Law 2DCA/7 Mar. 29, 2019
Dachauer v. NBTY Inc.
FDCA preempts state law for claims about dietary supplements that differ from FDCA's requirements; thus, because defendants' labels do not claim that their supplements treat or prevent cardiovascular disease, summary judgment was proper. 		Consumer Law 9th Jan. 11, 2019
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 Jan. 10, 2019
Sonner v. Schwabe North America
A plaintiff need only show a triable issue of material fact to proceed to trial; thus, appellant met her burden for summary judgment by producing expert testimony. 		Consumer Law 9th Dec. 27, 2018
FTC v. AMG Capital Management
'Loan Note' on websites that offered high-interest, short-term payday loans was deceptive because it did not accurately disclose the loan's terms; thus, district court did not err in granting summary judgment. 		Consumer Law 9th Dec. 4, 2018
Kohler Co. v. Superior Court
Right to Repair Act generally excludes class actions, and narrow exception does not apply where sued-over allegedly defective product was "completely manufactured offsite." 		Consumer Law 2DCA/4 Nov. 16, 2018
Durnford v. MusclePharm
Food, Drug, and Cosmetic Act did not preempt appellant's claim that Supplement's label misled consumers because it was premised on protein composition and not protein amount. 		Consumer Law 9th Oct. 15, 2018
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