Rand McClellan

Rand McClellan


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JCPenney Advertising Class Settlement Calls for $50 Million Payment for a California-Only Class

Retailers have been under siege, particularly in California, by putative class actions involving allegations of “false or misleading” advertising practices. Generally, the crux of the allegations is that retailers are...more

11/13/2015 - False Advertising Misleading Statements Putative Class Actions Retail Market Retailers

Third Circuit Allows Putative TCPA Class Action to Proceed, Citing FCC Ruling

On October 23, 2015, the Third Circuit vacated a summary judgment decision in Yahoo, Inc.’s favor based on a recent Federal Communications Commission (“FCC”) order that expanded the definition of an “autodialer” under the...more

10/29/2015 - Cell Phones Class Action FCC Privacy Laws Right to Privacy Robocalling Summary Judgment TCPA Telecommunications Telemarketing Text Messages Vacated Yahoo!

[Webinar] Strategies for Class Action Defense: Four Key Developments - Sept. 9th, 12:00pm EDT

Please join BakerHostetler’s Class Action Defense practice team on Wednesday, September 9, 2015, for an informative Webinar discussing the latest in defense strategies for companies facing class actions. The presenters will...more

8/19/2015 - Class Action Comcast v. Behrend Continuing Legal Education Litigation Strategies Mootness Offer of Judgment Standing Webinars

“Don’t Call Us, We’ll Call You.” The FCC’s Latest TCPA Ruling Imposes Even More Restrictions on Telemarketing Calls and Texts

On July 10, 2015, the Federal Communications Commission released the Omnibus Declaratory Ruling and Order (the Order) it adopted on June 18. The Order addresses requests for clarification regarding requirements under the...more

7/16/2015 - Advertising Banking Sector Banks CAN-SPAM Act Class Action Data Breach Debt Collection Debt Collectors Exemptions FCC Financial Institutions Health Care Providers Healthcare Notifications Prior Express Consent Robocalling TCPA Telemarketing Text Messages

CFPB Action Regarding Allegedly Unfair Billing Of Credit Card Add-On Products And Services

On July 1, 2015, the Consumer Financial Protection Bureau (“CFPB”) filed complaints and proposed consent orders against two credit card add-on product vendors – Affinion Group Holdings, Inc. (and its affiliated companies) and...more

7/10/2015 - CFPA CFPB Credit Cards Credit Monitoring Dodd-Frank

Class Certification of California Price Advertisement Case Gives Cause for Concern

A recent class certification decision in California involving challenges to a retailer’s price comparison advertisements should prompt retailers to carefully evaluate their sale advertising practices. Whether comparing to...more

7/1/2015 - Advertising Class Action Class Certification CLRA False Advertising JCPenney Retailers Unfair or Deceptive Trade Practices

Judge Posner Identifies Some Warning Signs Of An Unfair Class Settlement

On June 2, 2014, the United States Court of Appeals for the Seventh Circuit rejected a class action settlement in Eubank v. Pella Corp., Nos. 13-2091, -2133, 2136, -2162, 2202 (7th Cir., June 2, 2014) that the Court labeled...more

6/12/2014 - Class Action Richard Posner Settlement

Sixth Circuit Reaffirms Certification of Defective Washing Machine Class on Remand From Supreme Court

In a closely watched decision after remand by the Supreme Court, on July 18, 2013, the Sixth Circuit Court of Appeals upheld for a second time the class certification order in In re Whirlpool Front-Loading Washer Prods. Liab....more

7/23/2013 - Design Defects Manufacturing Defects Remand SCOTUS Whirlpool

Clapper and Data Breach Litigation

In Clapper v. Amnesty International USA, 133 S. Ct. 1138 (2013), the Supreme Court recently held that individuals claiming injury from the federal government’s right to conduct electronic surveillance under the Foreign...more

6/11/2013 - Clapper v. Amnesty International Cybersecurity Data Breach FISA SCOTUS Standing Surveillance

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