Published Justice

Center Helps Secure Publication of Notable Decision Clarifying Anti-SLAPP and Consumer Protections

December 12, 2024

The Center for Consumer Law and Economic Justice celebrates the decision of the California Court of Appeal, Fourth District, to publish its opinion in Lindsay v. Patenaude & Felix, APC, a pivotal case addressing the misuse of anti-SLAPP motions to evade accountability for abusive debt collection practices.

The Lindsay opinion provides much-needed clarification on the application of the public interest exception to anti-SLAPP motions, particularly in cases involving systemic consumer harms such...

At Center's Urging, Court Publishes Significant Decision Protecting Debtors

November 24, 2024

The Center celebrates the decision of the California Court of Appeal for the 5th District to publish its groundbreaking decision in LVNV Funding, LLC v. Rodriguez, which held that non-debtors have a cause of action against debt collectors that mistakenly bring suit against them. LVNV Funding clarifies that filing a debt collection suit against an innocent consumer constitutes an...

Court Publishes Decision on Mandatory Arbitration Provisions in the Crypto Industry (and Beyond)

October 4, 2024

The Center celebrates the decision of the California Court of Appeal to publish its groundbreaking decision in Kramer v. Coinbase, Inc., which held that claims for public injunctive relief brought against deceptive product advertisements cannot be forced into private arbitration. Only the second published California appellate decision to address abusive consumer contracting within the cryptocurrency industry, Kramer directly targets the dangerous false claims that have tricked consumers into trusting...

Published Justice Project Gets Precedential Victory in Case Against Deceptive Online University

March 21, 2024

The Center successfully advocated for the California Court of Appeal to publish its recent decision in People v. Ashford University. The previously unpublished opinion is now citable and provides future courts and litigants guidance in determining civil penalties in public prosecutions.

The facts in ...

Court of Appeal Grants Center’s Request to Publish Opinion Preventing Debt Collectors From Evading Liability Under the Rosenthal Act

January 11, 2024

The Center successfully requested publication of the opinion in Moten v. Transworld Systems, Inc., a decision that prevents debt collectors from invoking California’s litigation privilege as a shield from liability for fraudulent and deceptive debt collection practices.

Transworld Services, Inc. (TSI), a third party debt collector, sought to collect debt from student loan borrowers on behalf of National Collegiate Student...

Published Justice Project Helps Ensure Precedential Victory for Elderly Victim of Home Solar Fraud

March 4, 2024

At the urging of the Center on behalf of nine legal services and consumer advocacy organizations, along with the plaintiffs, the California Court of Appeal has ordered publication of its recent decision in Jones v. Solgen Construction, LLC The previously unpublished decision – which may now be cited – provides guidance to courts and litigants in addressing the growing problem of fraud in door-to-door residential solar panel sales.

At...

After Center’s Request, Court Publishes Decision Upholding Subpoena Power of Public Enforcement Agencies

April 12, 2022

The Center successfully requested publication of the opinion in People v. Alorica, Inc. (2022) 77 Cal.App.5th 60, a decision confirming an important principle: that public agencies, including the state attorney general and district attorneys’ offices, have broad authority to investigate potential violations of the laws subject to their jurisdiction — including consumer protection laws.

The decision delineates...

Court Grants Center’s Request to Publish Opinion Certifying Class of Tenants Who Sued For False Advertising and Breach of Warranty of Habitability

April 8, 2021

The Center successfully sought publication of the opinion in Peviani v. Arbors at California Oak (2021) 62 Cal.App.5th 874, a decision from the Fourth Appellate District, Division Two, allowing a group of tenants to bring a class action lawsuit for breaches of the implied warranty of habitability, false advertising, and other claims.

The Court’s opinion applies the principles of class certification to a set of...

Center Convinces Court to Publish Opinion Finding Arbitration Clause Unenforceable Against Consumers Charged Unconscionable Interest Rates For Auto Loans

February 11, 2021

The Center successfully sought publication of Maldonado v. Fast Auto Loans (2021) 60 Cal.App.5th 710, a decision holding that a lender charging unconscionable interest rates could not force arbitration of a class action seeking an injunction providing broad-based protection against future harm to consumers. Enforcing an arbitration clause in these circumstances, the Fourth District Court of Appeal held, would require borrowers to waive all...

Court Grants Center’s Publication Request of Opinion Holding That Debt Buyers Must Offer Sufficient Evidence To Prove An Arbitration Agreement Exists In Order To Compel Arbitration

November 30, 2021

The Fourth District Court of Appeal granted the Center’s request to publish Chambers v. Crown Asset Management (2021) 71 Cal.App.5th 583, which offers a nuanced examination of the secondary evidence rule and the business records exception to the hearsay rule in the context of a debt buyer’s arbitration motion. The opinion offers a useful example of how courts should consider evidence from an original creditor that is offered by a debt buyer...