Case analysis and practical guidance, written for consumers and practitioners.
Arkansas Supreme Court Says Cavalry SPV I, LLC is a Debt Collector, Umm...Duh... Hey, if the Supreme Court says it, who am I to argue? Okay, okay, it's actually only the Arkansas Supreme Court, so that only really counts as binding law if you are in an Arkansas court, but it still matters and I'll...
Read moreThe Holding On February 15, 2019, Supreme Court of California held that, normally, a declarant for Portfolio Recovery Associates, LLC (or anyone else for that matter) utilizing Civil Code § 98, must be physically available for personal service at the address provided in the declaration. The Issue...
Read moreThe Holding On September 6, 2016, the Appellate Division of the Superior Court of Orange County, published not one, but two significant holdings in this debt collection case. First, the Court determined that in Orange County, California Code of Civil Procedure "Section 98 requires the declarant to...
Read moreDuring the financial chaos of the Pandemic, Governor Newsome introduced proposed the California Consumer Financial Protection Law, which was ultimately passed on August 31, 2020, and which ultimately created California's brand-spankin' new, Department of Financial Protection and Innovation, or...
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