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Opposition Objections

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37 Cited authorities

  1. Navellier v. Sletten

    29 Cal.4th 82 (Cal. 2002)   Cited 1,946 times   2 Legal Analyses
    Holding a claim for relief filed in federal district court is protected activity

  2. Clark v. Capital Credit Collection Serv

    460 F.3d 1162 (9th Cir. 2006)   Cited 592 times   3 Legal Analyses
    Holding that "general principles of agency ... form the basis of vicarious liability under the FDCPA"

  3. Donohue v. Quick Collect

    592 F.3d 1027 (9th Cir. 2010)   Cited 466 times   2 Legal Analyses
    Holding that a complaint served on the debtor is a communication subject to the FDCPA

  4. Kashian v. Harriman

    98 Cal.App.4th 892 (Cal. Ct. App. 2002)   Cited 444 times
    Holding that even the "fil[ing] [of] meritless lawsuits on behalf of 'sham plaintiffs'" was "essentially communicative conduct" to which the litigation privilege applied, "even though it also may have involved noncommunicative acts"

  5. Gonzales v. Arrow Financial Services

    660 F.3d 1055 (9th Cir. 2011)   Cited 324 times
    Holding that the statement that a "negative credit report reflecting on your credit record may be submitted to a credit reporting agency" was a threat under § 1692e, where the defendant did not intend to make reports to a credit bureau and was legally prohibited from doing so

  6. Mccollough v. Johnson, Rodenburg Lauinger

    637 F.3d 939 (9th Cir. 2011)   Cited 279 times
    Holding that debt collection firm violated the FDCPA by requesting unauthorized attorney's fees in its underlying state collection complaint

  7. In re Apple Computer Securities Litigation

    886 F.2d 1109 (9th Cir. 1989)   Cited 415 times   1 Legal Analyses
    Holding that "[t]he market could not have been made more aware" of the investment risk because the risk was thoroughly reported by the press

  8. Wallace v. Wash. Mut. Bank, F.A.

    683 F.3d 323 (6th Cir. 2012)   Cited 211 times
    Holding that "a statement must be materially false or misleading to violate Section 1692e"

  9. Tourgeman v. Collins Fin. Servs., Inc.

    755 F.3d 1109 (9th Cir. 2014)   Cited 167 times   1 Legal Analyses
    Holding material statements are those that could "cause the least sophisticated debtor to suffer a disadvantage in charting a course of action in response to the collection effort"

  10. Cabral v. Martins

    177 Cal.App.4th 471 (Cal. Ct. App. 2009)   Cited 185 times
    Concluding the plaintiff's cause of action arose from the attorneys' conduct as counsel, not from aiding and abetting evasion of child support

  11. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,203 times   141 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  12. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,309 times   83 Legal Analyses
    Defining debt collector

  13. Section 1692k - Civil liability

    15 U.S.C. § 1692k   Cited 6,186 times   66 Legal Analyses
    Holding debt collectors civilly liable for illicit debt collection practices

  14. Section 2 - Monopolizing trade a felony; penalty

    15 U.S.C. § 2   Cited 4,455 times   31 Legal Analyses
    In § 2 cases under the Sherman Act, as in § 7 cases under the Clayton Act (Brown Shoe Co. v. United States, 370 U.S. 294, 325) there may be submarkets that are separate economic entities.

  15. Section 1788.17 - Applicability of United States Code provisions to debt collectors

    Cal. Civ. Code § 1788.17   Cited 531 times
    Incorporating federal FDCPA provisions

  16. Section 1788.2 - Definitions

    Cal. Civ. Code § 1788.2   Cited 321 times   2 Legal Analyses
    Explaining that purpose of Act is "to prohibit debt collectors from engaging in unfair or deceptive acts or practices in the collection of consumer debts" and defining "debt collector"

  17. Section 4121 - Requirements

    Cal. Prob. Code § 4121   Cited 18 times   2 Legal Analyses

    A power of attorney is legally sufficient if all of the following requirements are satisfied: (a) The power of attorney contains the date of its execution. (b) The power of attorney is signed either (1) by the principal or (2) in the principal's name by another adult in the principal's presence and at the principal's direction. (c) The power of attorney is either (1) acknowledged before a notary public or (2) signed by at least two witnesses who satisfy the requirements of Section 4122. Ca. Prob

  18. Section 1788.50 - Definitions

    Cal. Civ. Code § 1788.50   Cited 12 times   3 Legal Analyses

    (a) As used in this title: (1) "Debt buyer" means a person or entity that is regularly engaged in the business of purchasing charged-off consumer debt for collection purposes, whether it collects the debt itself, hires a third party for collection, or hires an attorney-at-law for collection litigation. "Debt buyer" does not mean a person or entity that acquires a charged-off consumer debt incidental to the purchase of a portfolio predominantly consisting of consumer debt that has not been charged

  19. Section 1788.58 - Complaint in action brought by debt buyer

    Cal. Civ. Code § 1788.58   Cited 4 times   1 Legal Analyses

    In an action brought by a debt buyer on a consumer debt: (a) The complaint shall allege all of the following: (1) That the plaintiff is a debt buyer. (2) The nature of the underlying debt and the consumer transaction or transactions from which it is derived, in a short and plain statement. (3) That the debt buyer is the sole owner of the debt at issue, or has authority to assert the rights of all owners of the debt. (4) The debt balance at charge off and an explanation of the amount, nature, and