De La Torre v. CashCall, Inc.

NACA filed an amicus brief in the De la Torre vs. CashCall, Inc. case, currently pending in the California Court of Appeal, First Appellate District, to argue that the court should reject CashCall’s attempt to overturn the trial court’s $245,000,000 award of damages to former customers who had taken out unconscionable loans from the company. CashCall argues on appeal that an award of restitution for a violation of California’s Unfair Competition Law is limited to the difference between what the customer paid and the value they received. The amicus brief urges the appellate court to recognize that a trial court has broad discretion to award restitution using different methodologies based on the circumstances of the case.