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Oct 02

Is This The End For FACTA Cases?

This post was co-authored by Erin A. Novak and John G. Papianou of Montgomery McCracken. Until last week, certain district courts in the Eleventh Circuit were the only place left for class action plaintiffs to pursue run-of-the-mill statutory damage claims for failure to properly truncate… Read More

Aug 16

Ninth Circuit Finds a “Concrete Injury” Adequately Alleged on Remand From Supreme Court in Spokeo

The Ninth Circuit issued its long-awaited decision in Robins v. Spokeo, Inc., No. 11-56843, 2017 WL 3480695 (9th Cir. Aug. 15, 2017), yesterday—on remand from the Supreme Court.  This is the lawsuit in which Mr. Robins alleges that Spokeo, a “people search engine,” published inaccurate… Read More

Jul 17

Third Circuit Rules Single Unauthorized Call Actionable Under TCPA

In a precedential decision filed on July 10, 2017, the Third Circuit addressed consumer standing, after Spokeo, to bring a claim under the Telephone Consumer Protection Act. Reversing an order dismissing a TCPA claim for lack of subject-matter jurisdiction, the court ruled the claim could… Read More

May 18

California Supreme Court Reins in Arbitration Waivers of Public Injunctive Relief Under Consumer Protection Laws

Last month the California Supreme Court ruled that an arbitration clause in a credit card agreement that waives the statutory right to seek public injunctive relief in any forum violates California public policy and is unenforceable.  In McGill v. Citibank, 2 Cal. 5th 945, 393… Read More

Mar 20

Springtime Reform: U.S. House of Representatives Passes the Fairness in Class Action Litigation Act of 2017

On March 9, 2017, the U.S. House of Representatives passed the Fairness in Class Action Litigation Act of 2017 (“H.R. 985” or the “Act”), which would provide more stringent requirements for class certification in federal court.  The Act’s stated purpose is to “diminish abuses in class… Read More

Mar 07

Don’t Bury Your Arbitration Clause: Third Circuit Refuses To Enforce Arbitration Clause/Class Action Waiver

If you want to enforce an arbitration clause and class action waiver, don’t bury it on the 97th page of a product manual.  Instead, make sure consumers have reasonable notice of it.  That’s the lesson from the Third Circuit’s decision in Noble v. Samsung Electronics… Read More

Feb 02

When Is A Statutory Violation—Without More—Sufficient To Confer Standing

When the United States Supreme Court decided Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), a little over a year ago, many lawyers believed the court’s decision would settle a rather simple question: if a defendant violates a statute, is that sufficient for a… Read More

Jan 06

Ninth Circuit Rejects “Administratively Feasible” Requirement in Ascertainability Dispute

As expected, the Ninth Circuit has joined the Sixth, Seventh, and Eighth Circuits in rejecting the Third Circuit’s “administratively feasible” prong of the ascertainability requirement for class certification.  Briseno v. ConAgra Foods, Inc., — F.3d —, 2017 WL 24618 (9th Cir. Jan. 3, 2017).  But… Read More

Dec 15

Seventh Circuit Tosses “No Injury” FACTA Claim After Spokeo

The Seventh Circuit has issued the first opinion of a federal court of appeals addressing, under Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), whether a plaintiff has standing to sue under the Fair and Accurate Credit Transactions Act, 15 U.S.C. § 1681 et… Read More

Aug 09

The Second Circuit Blesses Post-Jury Verdict, Pre-Judgment Decertification

This post was co-authored by Carla Graff, a summer associate with Montgomery McCracken and Charles B. Casper, a partner and chair of Montgomery McCracken’s Class Action Defense Practice Group. How long does the judicial obligation to ensure proper class certification last? According to the Second Circuit, it… Read More