§Why CasetextPricing

De La TORRE v. CASHCALL

Amicus Curiae Brief of California Financial Service Providers Association, Financial Service Centers of America, Community Financial Services Association of America, and Online Lenders Alliance

25 Cited authorities

  1. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,418 times   23 Legal Analyses
    Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"

  2. Harris v. Capital Growth Investors XIV

    52 Cal.3d 1142 (Cal. 1991)   Cited 453 times   3 Legal Analyses
    Holding that a plaintiff seeking to establish a case under the Unruh Act must plead and prove intentional discrimination in public accommodations in violation of the terms of the Act

  3. De La Torre v. Cashcall, Inc.

    854 F.3d 1082 (9th Cir. 2017)   Cited 5 times   2 Legal Analyses

    Nos. 14-17571 15-15042 04-21-2017 Eduardo DE LA TORRE ; Lori Saysourivong, Plaintiffs–Appellants/Cross–Appellees, v. CASHCALL, INC., Defendant-Appellee/Cross-Appellants. James C. Sturdevant (argued), The Sturdevant Law Firm, San Francisco, California; Jessica Riggin and Steven M. Tindall, Rukin Hyland Doria & Tindall LLP, San Francisco, California; Arthur D. Levy, Law Office of Arthur D. Levy, San Francisco, California; for Plaintiffs-Appellants/Cross-Appellees. Brad W. Seiling (argued), Donald R

  4. Max Factor & Co. v. Kunsman

    5 Cal.2d 446 (Cal. 1936)   Cited 129 times
    In Max Factor Co. v. Kunsman, supra; Joseph Triner Corp. v. McNeil, supra; Ely Lilly Co. v. Saunders, supra; and Miles Laboratories, Inc., v. Owl Drug Co., supra, this objection was also held to be unfounded.

  5. Allied Properties v. Dept. of Alcoholic Beverage Control

    53 Cal.2d 141 (Cal. 1959)   Cited 61 times
    In AlliedProperties v. Dept. of Alcoholic Beverage Control, supra, 53 Cal.2d 141, and Wilke Holzheiser, Inc. v. Dept. of Alcoholic Bev. Control,supra, 65 Cal.2d 349, we upheld the constitutionality of these laws against the challenge that they constituted an improper exercise of the police power.

  6. Section 1601 - Congressional findings and declaration of purpose

    15 U.S.C. § 1601   Cited 7,795 times   52 Legal Analyses
    Explaining that TILA's disclosure requirements exist “so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit”

  7. Section 1638 - Transactions other than under an open end credit plan

    15 U.S.C. § 1638   Cited 1,181 times   4 Legal Analyses
    Describing TILA’s disclosure requirements for consumer credit transactions

  8. Section 5531 - Prohibiting unfair, deceptive, or abusive acts or practices

    12 U.S.C. § 5531   Cited 165 times   140 Legal Analyses
    Granting power to the Consumer Financial Protection Bureau to take action to prevent unfair, deceptive, or abusive acts or practices

  9. Section 5564 - Litigation authority

    12 U.S.C. § 5564   Cited 85 times   14 Legal Analyses
    Stating that "no action may be brought . . . more than 3 years after the date of discovery of the violation to which an action relates"

  10. Section 5562 - Investigations and administrative discovery

    12 U.S.C. § 5562   Cited 35 times   9 Legal Analyses
    Authorizing the agency to issue such demands to persons who "may have any information relevant to a violation" of one of the laws enforced by the CFPB

  11. Section 22302 - Unconscionable loans

    Cal. Fin. Code § 22302   Cited 34 times   2 Legal Analyses

    (a) Section 1670.5 of the Civil Code applies to the provisions of a loan contract that is subject to this division. (b) A loan found to be unconscionable pursuant to Section 1670.5 of the Civil Code shall be deemed to be in violation of this division and subject to the remedies specified in this division. Ca. Fin. Code § 22302 Added by Stats. 1994, Ch. 1115, Sec. 2. Effective January 1, 1995. Operative July 1, 1995, by Sec. 5 of Ch. 1115.

  12. Section 22303 - Rate of charges

    Cal. Fin. Code § 22303   Cited 18 times   4 Legal Analyses

    Every licensee who lends any sum of money may contract for and receive charges at a rate not exceeding the sum of the following: (a) Two and one-half percent per month on that part of the unpaid principal balance of any loan up to, including, but not in excess of two hundred twenty-five dollars ($225). (b) Two percent per month on that portion of the unpaid principal balance in excess of two hundred twenty-five dollars ($225) up to, including, but not in excess of nine hundred dollars ($900). (c)

  13. Section 8-8-5 - Maximum rates of interest - Loans, credit sales, etc., of $2,000 or more to individuals, corporations, trusts, partnerships, or associations

    Ala. Code § 8-8-5   Cited 13 times

    (a) Any person or persons, corporations, trust, general partnership or partnerships, limited partnership or partnerships, or association may agree to pay such rate or rates of interest for the loan or forbearance of money and for any credit sales as such person, corporation, trust, general partnership, limited partnership, or association may determine, notwithstanding any law of this state otherwise prescribing or limiting such rate or rates of interest; provided, that the original principal balance

  14. Section 21000 - Pawnbroker

    Cal. Fin. Code § 21000   Cited 11 times

    Every person engaged in the business of receiving goods, including motor vehicles, in pledge as security for a loan is a pawnbroker within the meaning of this division. Ca. Fin. Code § 21000 Amended by Stats. 1996, Ch. 923, Sec. 7. Effective January 1, 1997.

  15. Section 16a-2-401 - Finance charge for consumer loan; loan secured by mortgage or interest in manufactured home; prepaid finance charges

    Kan. Stat. § 16a-2-401   Cited 6 times

    (1) For any consumer loan incurred pursuant to open end credit, including, without limitation, a loan pursuant to a lender credit card, a lender may charge a finance charge at any rate agreed to by the parties, subject, however, to the limitations on prepaid finance charges set forth in subsection (6). This subsection does not apply to a consumer loan secured by a first mortgage or a second mortgage. (2) For any consumer loan incurred pursuant to closed end credit, a lender may charge a periodic

  16. Section 1452 - Loan Size and Duration: Limitations

    Cal. Code Regs. tit. 10 § 1452   Cited 3 times   1 Legal Analyses

    When making or negotiating loans, a finance company shall take into consideration, in determining the size and duration thereof, the financial ability of the borrowers to repay the same, to the end that the borrowers should be reasonably to repay said loans in the time and manner provided in the loan contracts. Cal. Code Regs. Tit. 10, § 1452 1. New NOTE filed 12-29-83; effective thirtieth day thereafter (Register 83, No. 53). 2. Amendment of NOTE filed 2-21-85; effective thirtieth day thereafter

  17. Section 1430 - Annual Report

    Cal. Code Regs. tit. 10 § 1430

    STATE OF CALIFORNIA -- BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY DEPARTMENT OF BUSINESS OVERSIGHT INSTRUCTIONS FOR COMPLETING THE 20XX ANNUAL REPORT FOR LENDERS AND BROKERS LICENSED UNDER THE CALIFORNIA FINANCE LENDERS LAW WHO MUST FILE THE REPORT: Every licensee under the California Finance Lenders Law as of December 31, 20XX must file the annual report. The report must include information on all businesses conducted under the California Finance Lenders license by licensees located in or outside

  18. Section 1026.14 - Determination of annual percentage rate

    12 C.F.R. § 1026.14

    (a)General rule. The annual percentage rate is a measure of the cost of credit, expressed as a yearly rate. An annual percentage rate shall be considered accurate if it is not more than 1/8th of 1 percentage point above or below the annual percentage rate determined in accordance with this section. An error in disclosure of the annual percentage rate or finance charge shall not, in itself, be considered a violation of this part if: (1) The error resulted from a corresponding error in a calculation