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November 2014 Archives

NINTH CIRCUIT RULES IN FAVOR OF KAZEROUNI LAW GROUP, APC AGAINST SIRIUS XM RADIO

On November 10, 2014, the United States Court of Appeals for the Ninth Circuit rules in favor of the Kazerouni Law Group, APC. See the full Order here. In Knutson v. Sirius XM Radio Inc., the District Court previously dismissed plaintiff's class action stating that plaintiff had agreed to binding arbitration. Following briefing and oral argument on the issue, the Ninth Circuit reversed the District Court's decision. In so doing, the Ninth Circuit examined the Federal Arbitration Act ("FAA"). The FAA states that arbitration agreements generally shall be "valid, irrevocable, and enforceable." 9 U.S.C. § 2. However, where "grounds 'exist at law or in equity for the revocation of any contract,' Courts may decline to enforce such agreements." [See page 10]. Here, the Ninth Circuit held that "no valid agreement exists between Knutson and Sirius XM." [Id.]. The Court agreed with the Kazerouni Law Group, APC that no mutual assent to enter into a contract with Sirius since the terms of the contract were not provided to plaintiff upon plaintiff's purchase of his vehicle. [page 11]. In fact, "a reasonable person in Knutson's position could not be expected to understand that purchasing a vehicle from Toyota would simultaneously bind him or her to any contact with Sirius XM, let alone one that contained an arbitration provision without notice of such terms." [page 13].

KAZEROUNI LAW GROUP, APC'S $2,600,000.00 SETTLEMENT WITH BANK OF AMERICA APPROVED BY COURT

On November 6, 2014, the Honorable John A. Houston of the Southern District of California approved a $2,600,000.00 class-wide settlement between the Kazerouni Law Group, APC and Bank of America. [See the full Order here]. Said Class is comprised of:All persons who, on or after March 2, 2011 through February 13, 2014, received a mortgage servicing related call from Defendant while within the State of California that was recorded and/or monitored. [3:24-26].As discussed in the Order, the act of recording and/or monitoring a telephonic communication without the consumer's knowledge and/or consent constitutes a violation of the California Penal Code § 632. As part of this settlement, each consumer that lodged a timely claim will receive $1,763.63.

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