Advocates for Justice

From time to time we have posted information about the Consumer Financial Protection Bureau (“CFPB”) because it is an extraordinary agency fighting in the trenches for everyday consumers against big business, including financial institutions that are scamming Americans.  On Friday September 8, 2017 the CFPB won a trial in the U.S. District Court, Northern District of California before Judge Richard Seeborg.  The CFPB won $7.9 million in its case against Nationwide Biweekly Administration Inc. and its subsidiary, Loan Payment Administration, and its owner, Daniel Lipsk.  The CFPB presented testimony by experts as well as everyday consumers, including a retired schoolteacher and a member of the armed services and an FBI agent (all who testified that they had personally been tricked by the defendants).

As a result of the recent case, Williams v. Superior Court (July 13, 2017, No. S227228) ___Cal.4th___ [2017 Cal. LEXIS 5124], employees received a big win on PAGA (Private Attorney General Act) class action claims. 

On July 7, the Ninth Circuit issued an opinion in United States ex rel. Campie v. Gilead Sciences, laying out the standards for pleading plausible claims under Fed. R. Civ. P. 12(b)(6) in whistleblower cases filed under the False Claims Act.  United States ex rel. Campie v. Gilead Sciences, 2017 U.S. App. LEXIS 12163 (9th Cir. July 7, 2017) (“Campie”).

On Monday, July 10, 2017, the Consumer Financial Protection Bureau (“CFPB”) issued a rule that will halt abusive tactics by credit card companies, banks, and other financial firms to prevent consumers from bringing class actions. 

With the median price of home in some Bay Area counties topping the $1 million mark real estate fraud is rampant.  There are many types of real estate fraud – from equity stripping to foreclosure rescue, however, in recent years, the California Department of Real Estate (DRE) has noticed an uptick in criminal fraud related to real property deeds. 

On April 14, 2017, the United States Court of Appeals for the Ninth Circuit affirmed the district court’s partial denial of All Nippon Airways, EVA Airways, and China Airlines’ motions for summary judgment, holding that the filed rate doctrine does not bar an antitrust class action challenging the airlines’ unfiled fares, fuel surcharges, and special discount fares. This marked the first time the Ninth Circuit addressed the application of the filed rate doctrine to airfares and fees.

The California Fair Employment and Housing Act (FEHA) protects the right to seek, obtain, and hold employment without discrimination because of race, religion, sex, age, disability, or sexual orientation, among other characteristics.  Under the FEHA, the definition of “employee” in Section 12926 of the Government Code previously excluded individuals with disabilities granted special licenses to work at nonprofit sheltered workshops, day programs, or rehabilitation facilities.  Employers are still permitted to pay these individuals less than the minimum wage, but before January 1, 2017, there was no recourse under FEHA if these individuals were being discriminated against or harassed.  Now, they are afforded the same FEHA protections, thanks to Assembly Bill No. 488.

If you flew on a domestic flight between October 14, 2016 and January 10, 2017 you heard announcements about the ban on the transport of Samsung Galaxy Note7 devices.  This ban was put in place by the Federal Aviation Administration (“FAA”) because of the serious risk of the smartphones (also referred to as phablets) overheating, exploding and catching fire.  Although the FAA lifted the requirement of announcements, the devices are still banned on passenger and cargo flights.  

Tens of thousands of Californians work in the state’s Skilled Nursing Facilities (“SNF”) and Assisted Living Facilities (“RCFE”).  Much of this workforce is underpaid and overworked.  Workers who care for senior citizens are the front line for preventing abuse and neglect.  Sadly, the companies that employ these workers frequently place hard working nursing staff, including Registered Nurses (“RNs”) and Licensed Vocational Nurses (“LVNs”) and Physical and Occupational Therapists in difficult if not impossible situations because they place profits over quality care.  When elder abuse occurs employers are often quick to blame low level staff when the root cause of the abuse is systematic under-staffing and poor training.

With the rising numbers of households adopting pets, spending on pet services is steadily growing from year to year. From dog grooming to dog boarding services, many pet parents are investing in these services to pamper their pooches. In 2015 alone, according to the American Pet Productions Association, $5.41 billion was spent on grooming and boarding. Unfortunately, this billion-dollar industry remains unregulated and there is no government agency or regulatory body that administers an annual safety certification of pet groomers who are entrusted with our most beloved fury companions.