Rikki, Don’t Autodial That Number! – Ninth Circuit Doesn’t Want You To Call Nobody Else (in violation of the TCPA)

By David Poell, Lisa Yun & Shannon Petersen on October 26, 2018

Class action plaintiffs’ attorneys may argue that a recent ruling by the Ninth Circuit expands the scope of liability under the Telephone Consumer Protection Act (“TCPA”) to include calls or text messages sent on all modern telephone equipment, including personal smartphones. Marks v. Crunch San Diego, LLC, 904 F.3d 1041 (9th Cir. Sept. 20, 2018).…

Financial Institutions Law Blog

The TCPA And Mortgage Servicing Rules: Caught Between A Rock And A Hard Place

By Lisa Yun & Shannon Petersen on March 30, 2016

Mortgage servicers are heavily regulated. Usually, the worst that can be said is that the laws and regulations are many, complex, and onerous. Sometimes, however, they are contradictory.…

Class Action Defense Strategy Blog

The TCPA And Mortgage Servicing Rules: Caught Between A Rock And A Hard Place

By Lisa Yun & Shannon Petersen on March 29, 2016

Mortgage servicers are heavily regulated. Usually, the worst that can be said is that the laws and regulations are many, complex, and onerous. Sometimes, however, they are contradictory.…

Financial Institutions Law Blog

No Change Of Position, No Estoppel

By Lisa Yun & Alejandro Moreno on January 9, 2015

Under California Law, a party seeking to defeat the statute of frauds based on promissory estoppel must allege an actual change in position. In Jones v. Wachovia Bank, 230 Cal.App.4th 935 (2014), the California Court of Appeal affirmed a trial court’s dismissal of plaintiffs’ claims for breach of oral promises to postpone a foreclosure sale after concluding plaintiffs could not establish detrimental reliance or injury under the doctrine of promissory estoppel.…

Financial Institutions Law Blog

If It’s Not In Writing, It Didn’t Happen: Oral Promises To Modify A Loan Are Not Enforceable

By Lisa Yun & Alejandro Moreno on January 29, 2014

A recent decision issued by the California Court of Appeal will make it more difficult for plaintiffs seeking to avoid foreclosure. In Rossberg v. Bank of America, N.A., 219 Cal.App.4th 1481 (4th Dist. 2013), the California Court of Appeal affirmed a trial court’s dismissal of plaintiffs’ claims of oral promises to modify a loan.…

Class Action Defense Strategy Blog

CFPB Report Targets Arbitration Clauses

By Shannon Petersen & Lisa Yun on January 8, 2014

The Consumer Financial Protection Bureau (the “CFPB”) is a new federal agency responsible for regulating consumer financial products and services. On December 12, 2013, the CFPB released a report on the use of arbitration clauses with class action waivers contained in credit card, prepaid card, and checking account contracts. The Report is part of a broader study on mandatory arbitration clauses required by the Dodd-Frank Act. The CFPB examined the prevalence of the clause in…

Lisa Yun

Rikki, Don’t Autodial That Number! – Ninth Circuit Doesn’t Want You To Call Nobody Else (in violation of the TCPA)

The TCPA And Mortgage Servicing Rules: Caught Between A Rock And A Hard Place

The TCPA And Mortgage Servicing Rules: Caught Between A Rock And A Hard Place

No Change Of Position, No Estoppel

If It’s Not In Writing, It Didn’t Happen: Oral Promises To Modify A Loan Are Not Enforceable

CFPB Report Targets Arbitration Clauses

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