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Hoang v. Bank of America, N.A.

(United States Ninth Circuit) - Reinstated a borrower's Truth in Lending Act lawsuit seeking to rescind a loan for which the lender allegedly made improper disclosures. Held that the suit was not time-barred because the borrower had brought it within six years, which was the most analogous state statute of limitations. Reversed a dismissal.




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O'Boyle v. Real Time Resolutions, Inc.

(United States Seventh Circuit) - Affirmed the dismissal of a consumer's proposed class action, which alleged that a debt-collection letter violated the Fair Debt Collection Practices Act. The letter allegedly stated that important information was on the back of its first page, but the information was on the front of its second page.




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Mantikas v. Kellogg Co.

(United States Second Circuit) - Revived a consumer lawsuit alleging that Cheez‐It crackers are misleadingly labeled as being whole grain. Held that the proposed class action complaint plausibly alleged that the labeling is deceptive.




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Warren v. Kia Motors America, Inc.

(California Court of Appeal) - Held that the trial court awarded too little in attorney fees to a vehicle purchaser who had prevailed on a lemon law claim. The fees should not have been limited to a percentage of her modest damages award. Reversed and remanded for a determination of a reasonable fee award.




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Christiana Trust v. Riddle

(United States Fifth Circuit) - Held that a bank was not vicariously liable, as a matter of law, for its loan servicer's alleged violations of the Real Estate Settlement Procedures Act. Affirmed dismissal of a complaint brought by a borrower who took out a home equity loan.




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Sonner v. Schwabe North America, Inc.

(United States Ninth Circuit) - Revived a consumer's claim that certain nutritional supplements were falsely labeled as capable of improving cognitive functions when in fact they provided no such benefits. Reversed the entry of summary judgment, allowing class claims under California law to proceed.




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Etcheson v. FCA US LLC

(California Court of Appeal) - Held that the trial court improperly reduced the amount of attorney fees to which vehicle purchasers were entitled after prevailing in a lemon law suit. Reversed and remanded with instructions to award the plaintiffs reasonable attorney fees.




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Zabriskie v. Federal National Mortgage Association

(United States Ninth Circuit) - Held that Fannie Mae is not a consumer reporting agency and thus could not be sued over a false credit report. Consumers alleged that the government-sponsored mortgage market entity had provided false information about their credit history via a software tool it provides for mortgage lenders to use. In a 2-1 decision, the Ninth Circuit concluded that Fannie Mae was entitled to summary judgment because it did not fall within the definition of a consumer reporting agency under the Fair Credit Reporting Act.




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Starke v. SquareTrade, Inc.

(United States Second Circuit) - Held that an arbitration clause in an online consumer contract was unenforceable because the consumer did not have reasonable notice of and manifest his assent to it. The consumer was suing a company that sells protection plans for consumer products. Affirmed the denial of the company's motion to compel arbitration.



  • Dispute Resolution & Arbitration
  • Consumer Protection Law
  • Contracts

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Dachauer v. NBTY, Inc.

(United States Ninth Circuit) - Held that makers of vitamin E supplements did not violate California laws against false advertising. A consumer alleged that the product labels made untrue health claims. Affirmed summary judgment against a proposed class action.




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Federal Trade Commission v. Federal Check Processing, Inc.

(United States Second Circuit) - Held that thirteen collection agencies violated federal law in collecting payday loan and other debts. Affirmed summary judgment in favor of the Federal Trade Commission in this civil enforcement action against the collection agencies and their co-owners.




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Richards v. Direct Energy Services, LLC

(United States Second Circuit) - Held that a consumer could not proceed with a proposed class action challenging electricity rates in the wake of market deregulation. Affirmed summary judgment against his breach of contract, unfair trade practice and other claims alleging that a retail electricity supplier charged unlawful rates.




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Rhone v. Medical Business Bureau, LLC

(United States Seventh Circuit) - Held that a debt collector did not violate the Fair Debt Collection Practices Act by reporting to a credit bureau that a debtor had nine unpaid bills of $60, rather than simply indicating an aggregate debt of $540. Reversed the district court, in this case involving co-pays for physical therapy sessions.




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Kolbasyuk v. Capital Management Services, LP

(United States Second Circuit) - Held that a consumer could not proceed with a claim that a debt collection letter unlawfully failed to inform him of certain information. Affirmed the dismissal of his proposed class action lawsuit against the debt collector under the Fair Debt Collection Practices Act.




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Bevis v. Terrace View Partners, LP

(California Court of Appeal) - Reversed most of a judgment against a mobile home park. The residents contended that the park breached their contracts and violated various laws, and a jury rendered a verdict in their favor. However, the California Court of Appeal held that the award of damages could not be sustained under any of the theories of liability presented to the jury.



  • Property Law & Real Estate
  • Consumer Protection Law
  • Contracts
  • Property Law & Real Estate
  • Consumer Protection Law
  • Contracts

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Henderson v. United Student Aid Funds, Inc.

(United States Ninth Circuit) - Revived a consumer's claim that a nonprofit corporation involved in student loans was vicariously liable for violation of the Telephone Consumer Protection Act, because it had ratified student loan debt collectors' illegal calling practices. Reversed a summary judgment ruling.




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Valdez v. Seidner-Miller, Inc.

(California Court of Appeal) - Revived an automobile lessee's lawsuit against a car dealership. Held that the dealership did not make a timely and appropriate offer to correct the alleged issue, for purposes of California's Consumer Legal Remedies Act. Reversed a summary judgment ruling.



  • Consumer Protection Law

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Craftwood II, Inc. v. Generac Power Systems, Inc.

(United States Seventh Circuit) - Revived businesses' claims that they were sent unsolicited fax advertisements in violation of the federal Telephone Consumer Protection Act. Reversed a dismissal, in a case raising issues of standing to sue.




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Aldaco v. RentGrow, Inc.

(United States Seventh Circuit) - Held that a consumer reporting agency lawfully disclosed the plaintiff's decades-old criminal record for battery to a landlord when she applied to rent an apartment. Affirmed summary judgment against her claim under the Fair Credit Reporting Act.



  • Landlord Tenant Law
  • Consumer Protection Law

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Gingras v. Think Finance, Inc.

(United States Second Circuit) - Held that tribal sovereign immunity did not bar borrowers from pursuing legal relief against an online lending business owned by an Indian tribe. The borrowers contended that the loans had unlawfully high interest rates. Affirmed the denial of a motion to dismiss on grounds of sovereign immunity.




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Melito v. Experian Marketing Solutions, Inc.

(United States Second Circuit) - Held that recipients of unsolicited spam text messages had legal standing to bring a lawsuit against the company that sent them. Affirmed a ruling in a class action suit under the federal Telephone Consumer Protection Act.




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Consumer Financial Protection Bureau v. Seila Law LLC

(United States Ninth Circuit) - Held that the U.S. Consumer Financial Protection Bureau's structure is constitutionally permissible. A law firm raised the argument in contending that it was not required to comply with the bureau's investigative demand to respond to interrogatories about its debt relief services and marketing. The Ninth Circuit rejected the law firm's position.




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US v Spectrum Brands

(United States Seventh Circuit) - Seventh Circuit affirmed the judgment of the district court when it found defendant violated the Consumer Product Safety Act and entered a permanent injunction.




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Front Line Motor Cars v. Webb

(California Court of Appeal) - Upheld sanctions that the Department of Motor Vehicles imposed on a car dealer. The dealer should have returned buyers' down payments when it repossessed the cars after the buyers failed to obtain financing.



  • Antitrust & Trade Regulation
  • Consumer Protection Law

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Apple, Inc. v. Pepper

(United States Supreme Court) - Held that consumers could proceed with an antitrust lawsuit alleging that Apple Inc. used monopolistic power to overcharge for iPhone apps. Apple contended that the lawsuit was barred because the consumers were not "direct purchasers" within the meaning of the Illinois Brick case. However, the U.S. Supreme Court rejected Apple's argument in a 5-4 decision, on review of a dismissal ruling. Justice Kavanaugh delivered the majority opinion, joined by the four liberal justices.



  • Antitrust & Trade Regulation
  • Consumer Protection Law

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Moran v. The Screening Pros LLC

(United States Ninth Circuit) - Revived a tenant's lawsuit against a company that screens prospective tenants. He brought the suit after being denied housing due to criminal history disclosures appearing in his tenant screening report. Reversed the dismissal of his claims under the federal Fair Credit Reporting Act and several California statutes.



  • Landlord Tenant Law
  • Consumer Protection Law

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Singh v. American Honda Finance Corp.

(United States Ninth Circuit) - Held that a car purchaser did not raise a triable issue that a dealership failed to provide customers promised add-ons. Also addressed an issue under the Class Action Fairness Act relating to removal jurisdiction. Affirmed the decision below.




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Federal Trade Commission v. Consumer Defense LLC

(United States Ninth Circuit) - In an enforcement action brought by the Federal Trade Commission, affirmed a preliminary injunction freezing the assets of companies that allegedly had made deceptive representations regarding loan modification services.




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Hanna v. Mercedes-Benz USA LLC

(California Court of Appeal) - In a car purchaser's successful lemon law suit, held that the trial court used an improper method to determine reasonable attorney fees. Remanded for a recalculation of the fee award.




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Geffner v. The Coca-Cola Company

(United States Second Circuit) - Affirmed. Plaintiff brought class action suit against Defendant, Coca-Cola Company alleging misleading naming and marketing of “Diet Coke”. District court dismissed all claims under Federal Rule 12(b)(6). Appeals court that the adjective “diet” referred to caloric content and carries a relative meaning and not an absolute meaning.




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Nelson v. Great Lakes Educational Loan Services, Inc.

(United States Seventh Circuit) - Vacating a dismissal and remanding. A student loan borrower's complaints about a loan provider's statements that they needn't seek advice about their borrowing was not expressly preempted because she alleged affirmative misrepresentations, not failures to disclose.




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Cavalry SPV I, LLC v. Watkins

(California Court of Appeal) - In a debt collection action, the court found that Defendant was liable for the debt, but found that the trial court erred by awarding Plaintiff attorney fees related to the defense of counterclaims.




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Jeffries v. Volume Services America, Inc.

(United States DC Circuit) - Reversed and Remanded. The district court improperly dismissed a lawsuit in which a woman's credit card number and expiration date were printed on a receipt for lack of standing. The risk of identity theft was sufficient injury to support standing.




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CTIA - The Wireless Association v. City of Berkeley

(United States Ninth Circuit) - Affirmed. An organization of wireless providers appealed the district court's denial of a preliminary injunction in their challenge of a Berkeley ordinance requiring cell phone retailers to warn potential buyers that carrying a phone could cause them to exceed FCC guidelines for exposure to radio-frequency radiation.




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Trinity Warner v. Experian Information Solutions

(United States Ninth Circuit) - Affirmed Defendant’s summary judgment against Plaintiff, holding that the Fair Credit Reporting Act did not require Defendant to initiate a reinvestigation of incorrect credit report items because Plaintiff did not directly notify Defendant of disputed items.




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CFTC v. Monex Credit Co.

(United States Ninth Circuit) - Reversed district court’s dismissal of Plaintiff’s enforcement action against Defendant for alleged fraud in precious metal sales. Defendant maintained that there was an exception in the Commodity Exchange Act for retail commodity sales. Held that the burden was on the Defendant to prove that the exception applied and the exception could be satisfied if the commodity sat in a third-party depository. However, that was not the case in this suit. Plaintiff was not barred from bringing suit and the action should not have been dismissed. Remanded for further proceedings.




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Noel v. Thrifty Payless

(Supreme Court of California) - Reversed. The trial court and the court of appeals denied class action certification to Plaintiff who sought to bring an action against retailers who allegedly misled buyers about the size of an inflatable outdoor pool. The Supreme court concluded that the trial court erred in demanding evidence about the ascertainability requirement for class certification, holding that there is not an additional evidentiary burden that the courts below imposed.




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Andrews v. Sirius XM Radio, Inc.

(United States Ninth Circuit) - Affirmed the district court’s grant of summary judgment in favor of the defendant in an action under the Driver’s Privacy Protection Act, which prohibits the use and disclosure of personal information derived from Department of Motor Vehicles records.




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Clifford v. Quest Software Inc.

(California Court of Appeal) - Reversed order denying Defendant’s motion to compel arbitration. Plaintiff filed a complaint against his employer for unfair competition under the Business and Professions Code section 17200 and also brought wage and hour claims. The Defendant moved to compel arbitration. The trial court granted arbitration for all claims, but for the unfair competition claim. The appeals court held that the unfair competition claim could also be subject to arbitration.



  • Dispute Resolution & Arbitration
  • Labor & Employment Law
  • Consumer Protection Law

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Vanzant v. Hill's Pet Nutrition, Inc.

(United States Seventh Circuit) - Reversed. The court reversed the dismissal of a class action consumer fraud and deceptive business case involving cat food labeled prescription cat food that was not materially different from regular cat food. The fraud claim was sufficiently pled and the Food, Drug and Cosmetic Act's safe harbor didn't apply.




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FTC v. Credit Bureau Center, LLC

(United States Seventh Circuit) - Restitution award vacated. The FTC sued Defendant for several violations of consumer protection statutes. The trial court found for the FTC, entered a permanent injunction against Defendant and ordered $5 million in restitution to the FTC. The appeals court affirmed the judgment as to the violations of consumer statutes and the injunction but held that restitution was not authorized by section 13(b) of the Federal Trade Commission Act.




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Benton v. Benton

(California Court of Appeal) - Dismissed. Plaintiff and Defendant were married and shared a dental practice. When they divorced they each opened competing dental practices. Plaintiff filed suit alleging misappropriated trade secrets, economic damage, and unfair competition. Defendant brought an anti-SLAPP motion on the grounds that advertising and notices to patients were protected activities. The trial court found that anti-SLAPP motion fell into the commercial speech exemption under CCP section 425.17. The appeals court agreed stating that the commercial speech exemption was not immediately appealable and therefore the appeals court had no jurisdiction to hear the appeal.




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Omlansky v. Save Mart Supermarkets

(California Court of Appeal) - Affirmed. Plaintiff brought a qui tam action alleging that Defendant violated the False Claims Act in its billings to Medi-Cal. The trial court sustained a demurrer and entered a judgment of dismissal of the complaint. The appeals court held that Defendant did not violate any requirement under law as to its billings to Medi-Cal.




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From Depo-Provera to Natural Family Planning

What I learned about sex, my body, and the rhythms of life.

As this series on contraception comes to a close, Emily Heady offers a Protestant perspective on Natural Family Planning.

When my husband and I married in 2001, we were graduate students with tiny salaries, tiny living quarters, and gargantuan workloads. It was not a good time for a baby. So a few months before our wedding, I showed up at Indiana University’s student health center and said I needed birth control. The nurse practitioner asked me if it was an emergency or if I needed a police referral. “No,” I said. “I’m getting married in a few months, and I want to be used to it by then.”

Although born and raised in church, I had a very anemic theology of conception. We just didn’t talk about it. I had been taught that sex before marriage was bad, but that was about it. Marital sexuality simply wasn’t discussed; neither was birth control or any other blush-worthy subject. As a pro-life evangelical, I hadn’t expected the student health center at the Big Secular School to serve as a complete and reliable guide to human sexuality, but I needed answers, and that was my best hope.

To her credit, the nurse practitioner heard my questions about the mechanisms various drugs used in controlling for birth, then recommended Depo-Provera. If it shut down my cycles altogether, she explained, that would mean that there was no egg to fertilize; if it didn’t, well, we could talk further. It turned out we didn’t have to: Depo did just what she had predicted.

The first time I engaged theologically with questions about married sexuality was as part of the requisite premarital counseling my Catholic spouse and I completed. The eminently practical priest explained that, ...

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Why this Evangelical is Grateful for the Mainline Church

Giving thanks for God’s work throughout the church universal.

I hope that if I counted myself as a member of a “liberal” denomination, I would be writing a post about my gratitude for the contributions of evangelicals to proclaiming God’s glory in the church and in the world. Instead, as an evangelical, I am here to say thank you to the Catholics and Episcopalians, to the feminist theologians and the pastors focused on social justice, to the whole host of people past and present who witness to the breadth and depth of God’s character and glory.

Here’s a bit of the backstory: I sometimes say that I am “denominationally confused.” I was baptized Episcopalian, confirmed Presbyterian, and married in the Congregational church I attended through college. Over the fifteen years of our marriage (which has included moving to four different towns), my husband and I have worshiped in an Episcopal church, a non-denominational church, a Vineyard church, and a Covenant church. Each of these churches has offered distinct gifts to us—the lofty liturgy of an Episcopal cathedral, the emphasis on global missions at the non-denominational church, the healing prayer at the Vineyard, the solid preaching and welcoming community at the Covenant. It would be easy to critique any of these churches, but overall I am grateful for them each in their own way, and I’m grateful for their variety. It has shown me so much more about the diversity of God’s healing work in the world.

Perhaps I’m so willing to move from denomination to denomination because of the role para-church ministries played in my growth as a Christian. I first experienced the power of the Holy Spirit at a Young Life camp, and I grew even more through ministries on my high ...

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Nine Favorite Posts from Thin Places

The best of faith, family, disability, and culture as I say goodbye to blogging.

One of the wonderful aspects of blogging is that I get to write about pretty much anything that is on my mind and might connect with readers. Over the past 15 months of blogging for Christianity Today, I've written or edited nearly 200 posts. As I wrote last week, many posts soar to the top of the charts for predictable reasons (i.e., the word sex is in the title or it relates to pop culture). In highlighting the "best" posts of this blog, I didn't only pay attention to the number of pageviews they garnered, but also to the ideas contained within. Here are my nine favorites posts:

The Problem with Quiet Times

As a mother of three small children, when I stopped having disciplined set apart time with God, my faith grew.

Why We Still Go To Church

It's inconvenient and inefficient and sometimes doesn't even feel spiritual. But I'm glad we keep showing up.

Want a Better Devotional Life? Buy a Bird Feeder

What my grandfather and my son taught me about patience, love, and a gentle spirit.

The Serious Pleasure of Summer Reading

An argument for why reading matters, and a list of ten books—for kids and adults—to challenge and entertain.

How Christians Should Talk About Sex

"Although I want to hold out a biblical ideal of sex, I want to do so in very unbiblical terms." What Rolling Stone and Paul have taught me.

John Perkins: The Sin of Racism Made Ferguson Escalate So Quickly

In the wake of the events in Ferguson last summer, I had a chance to interview Christian civil rights leader John Perkins.

What Slowing Down Teaches You That Rushing Never Will

Although there have been a number of wonderful guest posts here, this is my very favorite: Elisa Fryling Stanford,mother of a ...

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Love Is Slow, but It Lasts

Final thoughts on family, faith, and what matters most.

When I first met my husband I was 16 years old. I would have said I fell in love with him immediately. We stood in the darkness of an October night and talked and talked. Two months later we exchanged those words—I love you—also whispered in the dark of night. But it took five more years before we were married, and in that time, that intense emotion that had carried us through the early months became more measured. I still felt giddy when I saw him. I still wanted to spend my life with him. I still counted him as my best friend. But true love, I learned, is slower than that initial emotional and physical connection led me to believe.

Loving our kids was similar. I felt a surge of affection (hormones?) after they were born. I felt fierce protective instincts. I was willing to sacrifice sleep and energy. But building that base of love with them took years. it went slowly. It felt as though the feeling of love was interrupted by the reality of changing diapers and spraying avocado off clothing and willing myself out of bed for one more trip to the potty in the middle of the night. But over time I learned that those moments I saw as interruptions were in fact the seeds of love. Over time, they grew.

In Matthew 13, Jesus tells a parable about the word of God. He says it is like a farmer sowing seed. He says that it falls on all different types of soil, and that when it falls on good soil it grows. I’ve always wanted to have good soil, to be the one whose faith grows firm and strong forever. Truth be told, there have been plenty of seasons where my life resembles the hard soil or the soil that produces quick growth and quick demise. But I’ve only recently noticed that the seed in the good soil, even ...

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Joe Clegg Launches The You’re So Hybrid Video Series

Everything You Need To Know About Electronic Drums For Live Performances




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Montreal Hip-Hop Collective Triple-R Release Debut Album “Red Rum Records” Featuring Tracks With Swollen Members, Doom Squad, Demrick, And More

Montreal Hip-hop Collective Triple-R Has Signed With Squash Comp And Released Their Debut Album “Red Rum Records”




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For Your Consideration R&B Performance “Permission To Love” Feat. Spencer Battiest By Singer/songwriter Melissa B.

#62ndGrammyAwards #GrammyAwards #GrammyNominations #MelissaB