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Reyes v. Beneficial State Bank
The Holder Rule does not preempt states from authorizing recovery of attorney's fees beyond what the Holder Rule ordinarily allows. 		Consumer Law 5DCA Mar. 24, 2022
DeNike v. Mathew Enterprise, Inc.
After ruling car dealership's pretrial offer of correction was reasonable and appropriate, the trial court erred in allowing plaintiff's claim for restitution under the Consumers Legal Remedies Act to proceed. 		Consumer Law 6DCA Mar. 18, 2022
Lee v. Amazon.com, Inc.
The trial court erred in finding Amazon immune from liability, by virtue of the Communications Decency Act, for failure to provide Proposition 65 warnings on face creams containing mercury and sold by third parties. 		Consumer Law 1DCA/2 Mar. 15, 2022
Tailford v. Experian Information Solutions
Under the Fair Credit Reporting Act, information credit reporting agencies are mandated to provide consumers does not include behavioral data or other information not enumerated in Section 1681(g) of the Act. 		Consumer Law 9th Mar. 2, 2022
Moran v. The Screening Pros
A credit reporting agency was not negligent because its interpretation of the Fair Credit Reporting Act, while ultimately incorrect, was not objectively unreasonable. 		Consumer Law 9th Feb. 9, 2022
Anderson v. Ford Motor Co.
Recovery of Song-Beverly Act civil penalty did not preclude plaintiffs' recovery of punitive damages for fraud because the awards were based on separate conduct that took place at different times. 		Consumer Law 3DCA Feb. 9, 2022
Melendez v. Westlake Services, Inc.
Federal Trade Commission's Holder Rule allows for the recovery of attorney fees from not just the seller, but also the creditor-assignee. 		Consumer Law 2DCA/8 Jan. 31, 2022
Duff v. Jaguar Land Rover North America, LLC
Determining who was the prevailing party for fee-shifting purposes in breach of implied warranty suit should have been based on the extent to which the buyer achieved his litigation objectives. 		Consumer Law 4DCA/1 Jan. 28, 2022
Sellers v. JustAnswer LLC
Through their websites' design, website providers must ensure consumers are adequately notified of contractual terms they are agreeing to by making those terms clear and conspicuous. 		Consumer Law 4DCA/1 Jan. 4, 2022
BBBB Bonding Corp. v. Caldwell
Cosigner of a bail bond premium financing agreement was entitled to notice about the risks of guaranteeing such an agreement because it qualified as a consumer credit contract. 		Consumer Law 1DCA/1 Dec. 30, 2021
Cohen v. ConAgra Brands, Inc.
Because preemption is an affirmative defense, defendant must establish that preemption is valid through pleadings and supporting documents. 		Consumer Law 9th Oct. 27, 2021
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
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