Ninth Circuit Raises the Bar for Settling Nationwide Consumer-Protection Class Actions
In an opinion that could make certification of nationwide class action settlements considerably more difficult, a divided panel of the Ninth Circuit has ruled that when deciding whether to certify a multistate settlement class, the district court must consider whether differences in state laws cause… Read More
Pre-Adverse Action Fair Credit Reporting Act Claim in Class Action Dismissed for Lack of Standing
After four years of litigation, Judge Jan DuBois of the U.S. District Court for the Eastern District of Pennsylvania dismissed an FCRA claim in a class action for lack of standing. Moore v. Rite Aid Hdqtrs Corp. d/b/a Rite Aid Corporation, 2017 WL 6525796 (E.D.… Read More
The Fight Begins Over FACTA Standing in State Courts
This post was co-authored by John G. Papianou and Erin A. Novak of Montgomery McCracken. Since the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), FACTA plaintiffs have had a difficult time convincing federal courts that they’ve suffered a concrete harm. Spokeo held… Read More
Accuracy Is Still Your Best Defense in California FCRA Matters
Last month, consumer reporting agency Experian Information Solutions, Inc. beat a Fair Credit Reporting Act 15 U.S.C. §§ 1681 et seq. (“FCRA”) class action on summary judgment – no small feat in the Ninth Circuit. In Reyes v. Experian Information Solutions, Inc., Judge Guilford from… Read More
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
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Class ActionsNinth 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
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
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
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Class ActionsDon’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