Syed v. M-I, LLC

Prospective employer violated the Fair Credit Reporting Act by including a release of claims in the same document as the statutorily required notice that it might obtain a credit report on the applicant for employment purposes.  Under 15 USC 1681b(b)(2)(A), a prospective employer may obtain a credit report on a job applicant only if the…

Consumer Financial Protection Bureau v. Great Plains Lending, LLC

General legislation covers Indian tribes unless they are expressly excluded, so the Dodd-Frank Act is interpreted to regulate for-profit consumer lending enterprises of Indian tribes.  The Dodd-Frank Act grants the CFPB authority to regulate for-profit enterprises of Indian tribes that engage in consumer lending operations.  Though the act defines “state” to include Indian tribes, it…

Gonzales v. Carmax Auto Superstores, LLC

If a plaintiff seeks only injunctive relief and prevails, he can recover attorney fees under the Consumer Legal Remedies Act despite not having given the notice and opportunity for cure which the Act requires before the plaintiff may recover damages.  Benson v. Southern Cal. Auto Sales (2015) 239 Cal.App.4th 1198 held that notice and an…

Brooks v. CarMax Auto Superstores California, LLC

A car dealer adequately “provided” an inspection certificate for a “certified” used vehicle by placing it in the glove compartment before the sale so that it could be reviewed by prospective buyers.  Vehicle Code 11713.18(a) provides that in order to call a used car “certified,” the dealer must “provide” the car buyer before the purchase…