Thursday, August 15, 2013

People v. Persolve LLC (Cal. Ct. App. - Aug. 15, 2013)

A debt collector (and its attorneys) engages in conduct expressly prohibited by both the California and the federal Fair Debt Collection Practices Acts.  The Kern County District Attorney brings a civil enforcement action under the unfair competition statute to get them to stop and to obtain restitution of ill-gotten booty.

A righteous action if ever I saw one.

The trial court nonetheless dismisses the action.  Holding that everything illegal that the debt collectors might have done was protected by the litigation privilege.

The trial court's holding makes even less sense to me than it did to the Court of Appeal.  Which reverses.