Plaintiff filed a class action pursuant to the Rees-Levering Motor Vehicle Sales and Finance Act [Civil Code section 2981] on behalf of those who had their vehicles repossessed by or voluntarily surrendered to a car dealership. Plaintiff had missed several car payments and voluntarily surrendered her car, whereupon she was sent a Notice of Intention to […]
Consumer Protection Statute Does Not Apply To Online Services.
Apple, Inc. requested or required plaintiff to provide his address and telephone number as a condition of accepting his credit card as payment for online services. Civil Code section 1747.08 precludes requiring a consumer to provide personal information as a condition for accepting a credit card as payment for goods or services. In an earlier case, […]
Real Estate Development Conviction Vis-À-Vis The Clean Air Act.
The CEO of a real estate development company was convicted of violating the Clean Air Act [42 U.S.C. §85.]. In his appeal, he complained about a jury instruction: “You may find that the defendant acted knowingly if you find beyond a reasonable doubt that the defendant: [¶] 1. was aware of a high probability that there […]
Don’t Call Me At Home Either.
In a class action, a plaintiff argues that a series of automated telephone calls placed to his home by Best Buy violated the Telephone Consumer Protection Act [TCPA, 47 U.S.C. §227]. The district court granted summary judgment for Best Buy and the Ninth Circuit reversed, rejecting Best Buy’s argument the calls were informational only. Chesbro […]