Jeremy A. Gunn
Visit Attorney ProfileNinth Circuit Restricts Vicarious Liability in TCPA Class Action
In Kristensen v. Credit Payment Services Inc., the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s summary judgment that lenders and marketers who did not ratify the actions of a third-party publisher were not vicariously liable under the Telephone Consumer Protection… Read More
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
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