Justia Civil Procedure Opinion Summaries

A judgment creditor’s attorney, Rodenburg, mailed the consumer debtor, Ojogwu a copy of the garnishment summons Rodenburg had served on garnishee US Bank, knowing that Ojogwu had retained counsel after the default judgment was entered and that he disputed the debt. The district court held that Minn. Stat. 571.72(4), which requires that copies of papers served on a third-party garnishee “be served by mail at the last known mailing address of the debtor not later than five days after the service is made upon the garnishee” was inconsistent with, and therefore preempted by, the federal Fair Debt Collection Practices Act: “Without the prior consent of the consumer . . . or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with collection of any debt . . . if the debt collector knows the consumer is represented by an attorney with respect to such debt.” 15 U.S.C. 1692c(a)(2).The Eighth Circuit ordered the dismissal of the case. Under recent Supreme Court precedent, Ojogwu lacks Article III standing to pursue this claim in federal court because he failed to allege and the record does not show that he suffered concrete injury-in-fact from Rodenburg’s alleged violation of section 1692c(a)(2). View "Ojogwu v. Rodenburg Law Firm" on Justia Law

In October 2004, plaintiff Shelby Anderson (individually, plaintiff) and his wife, plaintiff Tammy Anderson (Tammy), bought a Ford Super Duty F-250 6.0 liter diesel pickup truck containing an engine sourced from nonparty ITEC, also known as Navistar (Navistar). Plaintiff chose the Ford for its power, towing capacity, and other qualities as represented by defendant Ford Motor Company (Ford) in brochures and advertisements and by Ford dealership sales agents. Plaintiff began experiencing issues with the truck during his second year of ownership. After numerous attempts to have the vehicle repaired so it could perform the functions for which they purchased it, plaintiffs effectively gave up, rendering the truck a “driveway ornament.” After opting out as putative members of a class action involving the 6.0 liter diesel engine, plaintiffs sued Ford. The jury found in favor of plaintiffs on their causes of action pursuant to the Song-Beverly Consumer Warranty Act (popularly known as the “lemon law”), the Consumers Legal Remedies Act (CLRA), and their fraud in the inducement–concealment cause of action. The jury awarded plaintiffs $47,715.60 in actual damages, which was the original purchase price of the truck, $30,000 in statutory civil penalties under the Song-Beverly Act, and $150,000 in punitive damages. The trial court granted plaintiffs’ motion for attorney fees in the amount of $643,615. Ford appealed, but finding no reversible error in the judgment and damages awards, the Court of Appeal affirmed. View "Anderson v. Ford Motor Co." on Justia Law

Plaintiff-respondent Ken Duff prevailed at a bench trial on one claim under the Song-Beverly Consumer Warranty Act, but was only awarded $1 in nominal damages. The trial court awarded Duff $684,250 in attorney fees. Defendant-appellant Jaguar Land Rover North America, LLC (Jaguar) appealed the order awarding Duff attorney fees, arguing (among other things) Jaguar contended the trial court applied the incorrect legal standard in finding that Duff was the prevailing buyer under California Civil Code section 1794(d). The Court of Appeal agreed and thus, reversed the order and remanded the matter to the superior court to reconsider the issue. View "Duff v. Jaguar Land Rover North America, LLC" on Justia Law

JustAnswer LLC (JustAnswer) appealed an order denying its petition to compel arbitration. Tina Sellers and Erin O’Grady (together, Plaintiffs) used the JustAnswer website to submit a single question to an “expert” for what they believed would be a one-time fee of $5, but JustAnswer automatically enrolled them in a costlier monthly membership. After discovering additional charges to their credit cards, Plaintiffs filed a class action lawsuit against JustAnswer, alleging it routinely enrolled online consumers like them in automatic renewal membership programs without providing “clear and conspicuous” disclosures and obtaining their “affirmative consent” as mandated by the California Automatic Renewal Law. Seeking to avoid the class action litigation, JustAnswer filed a petition to compel individual arbitration, claiming Plaintiffs agreed to their “Terms of Service,” which included a class action waiver and a binding arbitration clause, when they entered their payment information on the website and clicked a button that read, “Start my trial.” In a case of first impression under California law, the Court of Appeal considered whether, and under what circumstances, a “sign-in wrap” agreement was valid and enforceable. The Court concluded the notices on the “Start my trial” screens of the JustAnswer website were not sufficiently conspicuous to bind Plaintiffs, because they were less conspicuous than the statutory notice requirements, and they were not sufficiently conspicuous under other criteria courts have considered in determining whether a hyperlinked notice to terms of services was sufficient to put a user on inquiry notice of an arbitration agreement. The Court therefore affirmed the trial court’s order denying JustAnswer’s petition to compel arbitration. View "Sellers v. JustAnswer LLC" on Justia Law

Alexander Hood, a Colorado resident, appealed the dismissal for lack of personal jurisdiction of his putative class-action claim against American Auto Care (AAC) in the United States District Court for the District of Colorado. AAC, a Florida limited liability company whose sole office was in Florida, sold vehicle service contracts that provided vehicle owners with extended warranties after the manufacturer’s warranty expires. Hood’s complaint alleged AAC violated the Telephone Consumer Protection Act (TCPA) and invaded Hood’s and the putative class members’ privacy by directing unwanted automated calls to their cell phones without consent. Although he was then residing in Colorado, the calls came from numbers with a Vermont area code. He had previously lived in Vermont, and his cell phone number had a Vermont area code. Hood was able to trace one such call to AAC. Although it determined that Hood had alleged sufficient facts to establish that AAC purposefully directs telemarketing at Colorado, the trial court held that the call to Hood’s Vermont phone number did not arise out of, or relate to, AAC’s calls to Colorado phone numbers. In light of Ford Motor Co. v. Montana Eighth Judicial District Court, 141 S. Ct. 1017 (2021), the Tenth Circuit determined the trial court's dismissal could not stand. "The argument regarding 'purposeful direction' ... is implicitly rejected by Ford, and the argument regarding 'arise out of or relate to' ... is explicitly rejected. ... We also determine that AAC has not shown a violation of traditional notions of fair play and substantial justice." View "Hood v. American Auto Care, et al." on Justia Law

Plaintiff Canuto Martinez successfully sued a car dealership, Defendant Larry H. Miller Chrysler Dodge Jeep Ram 104th (“LHM”), for violating section 6-1-708(1)(a), C.R.S. (2021), of the Colorado Consumer Protection Act (“CCPA”). The issue this case presented for the Colorado Supreme Court's review was whether the judgment was final for purposes of appeal when the district court determined that Martinez, as the prevailing plaintiff, was entitled to an award of attorney fees under the CCPA, but the court had not yet determined the amount of those fees. The Supreme Court resolved the tension between Baldwin v. Bright Mortgage Co., 757 P.2d 1072, 1074 (Colo. 1988) and Ferrell v. Glenwood Brokers, Ltd., 848 P.2d 936, 940–42 (Colo. 1993) by reaffirming the bright-line rule established in Baldwin: a judgment on the merits is final for purposes of appeal notwithstanding an unresolved issue of attorney fees. To the extent the Court's opinion in Ferrell deviated from Baldwin, "its approach lacks justification and generates uncertainty, thus undermining the purpose of Baldwin’s bright-line rule." The Court concluded that both litigants and courts were best served by the bright-line rule adopted in Baldwin. The Court therefore overruled Ferrell and the cases that followed it to the extent those cases deviated from Baldwin’s rule concerning the finality of a judgment for purposes of appeal. Applying the Baldwin rule here, the Court affirmed the judgment of the court of appeals dismissing LHM’s appeal in part as untimely, though under different reasoning. View "LHM Corp v. Martinez" on Justia Law

In her complaint, plaintiff Pamela Chambers alleged that she received a written communication from a debt collector contracted by Crown that failed to comply with the CFDBPA’s notice formatting requirement. She filed a putative class action lawsuit against Crown Asset Management, LLC. Crown moved to compel arbitration, relying on an affidavit from an employee of Chambers’s original creditor, Synchrony Bank (Synchrony), who stated in part that “Synchrony’s records” showed a credit card account agreement containing an arbitration clause was mailed to Chambers. Chambers objected to the affidavit on various evidentiary grounds. The trial court sustained the objections and denied Crown’s motion to compel arbitration. Crown appealed, contending the trial court erred by sustaining Chambers’s evidentiary objections and denying the motion to compel. Finding no reversible error, the Court of Appeal affirmed. View "Chambers v. Crown Asset Management, LLC" on Justia Law

In 1991, Congress prohibited almost all robocalls to cell phones and landlines, 47 U.S.C. 227(b)(1)(B). A 2015 amendment attempted to allow robocalls if they were made “solely to collect a debt owed to or guaranteed by the United States.” The Supreme Court, in AAPC, held the amendment was unconstitutional content discrimination but that the exception was severable from the rest of the restriction, leaving the general prohibition intact. In 2019-2020, Lindenbaum received two robocalls from Realgy advertising its electricity services. She sued, alleging violations of the robocall restriction. After the Supreme Court decided AAPC, the district court dismissed the case for lack of subject matter jurisdiction reasoning that severability is a remedy that operates only prospectively, so the robocall restriction was unconstitutional and therefore “void” for the period the exception was on the books. Because it was “void,” the district court believed, it could not provide a basis for federal-question jurisdiction.The Sixth Circuit reversed. Because severance is not a remedy, it would have to be a legislative act in order to operate prospectively only. The Court recognized only that the Constitution had “automatically displace[d]” the government-debt-collector exception from the start, then interpreted what the statute has always meant in its absence. View "Lindenbaum v. Realgy, LLC" on Justia Law

PRA hired Wadsworth and, in its offer letter, described a signing bonus: $3,750 payable after 30 days of employment, followed by another $3,750 after 180 days of employment. If Wadsworth voluntarily ended her employment or PRA fired her for cause within 18 months, she was obligated to repay the full bonus. Wadsworth collected both signing payments, but after she completed one year of employment, PRA fired her. Kross, a debt-collection agency, attempted to recover the bonus payments. Kross mailed Wadsworth a collection letter and a Kross employee called Wadsworth by telephone four times. Wadsworth sued Kross claiming that its letter and phone calls violated the Fair Debt Collection Practices Act, 15 U.S.C. 1692, by failing to provide complete written notice of her statutory rights within five days of the initial communication and because the caller never identified herself as a debt collector.The district court entered summary judgment for Wadsworth. The Seventh Circuit reversed and remanded with instructions to dismiss for lack of subject-matter jurisdiction. The alleged violations did not cause Wadsworth any concrete harm and allege nothing more than “bare procedural violation[s],” which Article III precludes courts from adjudicating. View "Wadsworth v. Kross, Lieberman & Stone, Inc" on Justia Law

On a Monday, Medicredit, a debt collection agency, received a letter from a consumer, plaintiff-appellee Elizabeth Lupia, demanding that it cease calling her about an unpaid medical debt. The next day, before Medicredit processed the letter, it called Ms. Lupia again about the debt. This call served as grounds for Ms. Lupia's suit under the Fair Debt Collection Practices Act (FDCPA). According to Medicredit, its Tuesday call was a bona fide error, thereby shielding the agency from liability. Lupia argued Medicredit’s policy allowed for more time than that: permitting up to three business days of lag time between its receipt and processing of mail (which was how long it took Medicredit to process the letter). For that, Lupia contended, Medicredit could not shield itself under the bona fide-error defense. The district court agreed and granted Lupia’s motion for summary judgment. On appeal, Medicredit challenged Lupia’s standing in federal court and claimed the district court committed several reversible errors in granting Lupia’s motion. After review, the Tenth Circuit found no merit in any of these claims, and affirmed the district court. View "Lupia v. Medicredit" on Justia Law