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August 2015 Archives

KAZEROUNI LAW GROUP, APC DEFEATS AT&T'S MOTION TO COMPEL ARBITRATION

On August 21, 2015, Chief Judge Gloria M. Navarro of the United States District Court, District of Nevada issued an Order Denying AT&T's Motion to Compel Arbitration. [A copy of said Order is available here]. As discussed below, the Court held that AT&T's Business Agreement was both procedurally and substantively unconscionable. For those reasons, the Court denied AT&T's Motion. [Id. at 9:10-11].Procedurally Unconscionable: First, the Court held that Business Agreement at issue was a contract of adhesion that did not provide any real opportunity to consumers to bargain over its terms. [Id. at 7:17-19]. For this reason, the Business Agreement was held to be "procedurally unconscionable under Nevada law." [Id. at lines 23-25]. Substantively Unconscionable: Second, Chief Judge Navarro explained that "Nevada possesses a public policy against class action waivers in arbitration agreements..." [Id. at 6:6-8]. Since AT&T's Business Agreement contained a class action waiver in a contract of adhesion, the Court held this contract to be substantively unconscionable as well. [Id. at 9:3-6]. Since the Business Agreement was both Procedurally and Substantively Unconscionable, the Court held that said Agreement was unenforceable as a matter of law. [Id. at 9:6-8]. Thus, Chief Navarro denied AT&T's Motion to Compel Arbitration. [Id. at lines 10-11]

KAZEROUNI LAW GROUP, APC DEFEATS FIRST NATIONAL BANK OF OMAHA'S DISMISSAL ATTEMPT

On July 29, 2015, the Honorable William Q. Hayes of the Southern District of California denied two separate Motions to Dismiss filed by First National Bank of Omaha ("FNBO") and The Dunning Law Firm ("Dunning"). [A true and correct copy of said Order is available here]. As discussed therein, the First Amended Complaint ("FAC") alleges that both FNBO and Dunning violated the Fair Debt Collection Practices Act ("FDCPA"); the Rosenthal Fair Debt Collection Practices Act ("RFDCPA"); and, the California Consumer Credit Reporting Agencies Act ("CCCRAA") by inaccurately reporting Plaintiffs delinquent despite Plaintiffs' compliance with a settlement with Dunning. In a detailed Opinion, Judge Hayes held that Plaintiffs' FAC adequately stated claims for violations of the FDCPA; RFDCPA; and, CCCRAA.

ON CALL CASH'S RACIAL SLURS LEAD TO KAZEROUNI LAW GROUP, APC JUDGMENT

On August 6, 2015, the Kazerouni Law Group, APC won a Motion for Summary Judgment against On Call Cash, LLC due to On Call Cash's illegal debt collection practices. [A true and correct copy of the Order is available here]. In seeking to collect an alleged debt, On Call Cash sent several offensive text messages to the Plaintiffs. As an example, several text messages stated:

KAZEROUNI LAW GROUP, APC OBTAINS JUDGMENT AGAINST FRENCH HOSPITAL DEBT COLLECTOR

On August 3, 2015, the Honorable Michael W. Fitzgerald of the United States District Court, Central District of California entered Judgment against Defendant Arstrat, LLC due to Arstrat's violation of the Fair Debt Collection Practices Act; and, Rosenthal Fair Debt Collection Practices Act. Said Judgment was for the maximum amount allowed under each statute and sends a strong message to the debt collection community that all illegal collection practices will be prosecuted to the fullest extent possible by the Kazerouni Law Group, APC.

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