The U.S. Supreme Court held on June 25 in TransUnion LLC v. Ramirez that plaintiffs lack Article III standing to pursue claims in federal court in the absence of a concrete injury-in-fact (i.e., actual economic damages or...more
6/28/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
While federal and state regulators have long focused on debt collection practices, new CFPB leadership, increased state regulatory powers, the COVID-19 pandemic and other factors will not only make it harder for third-party...more
5/11/2021
/ Class Action ,
Consumer Financial Protection Bureau (CFPB) ,
Continuing Legal Education ,
Debt Collection ,
Debt Collectors ,
Debtors ,
Enforcement ,
Registration Requirement ,
Rulemaking Process ,
UDAAP ,
Webinars
A panel of judges has now made it far more likely that a recent wave of class action litigation will be resolved without huge litigation costs for lenders. In this post, we explain why....more
8/26/2020
/ CARES Act ,
Class Action ,
Coronavirus/COVID-19 ,
Financial Services Industry ,
Lenders ,
Multidistrict Litigation ,
Paycheck Protection Program (PPP) ,
Question of Fact ,
SBA ,
SBA Lending Programs ,
Small Business ,
Small Business Loans
Supreme Court Declines to Weigh In on Website Accessibility -
In a closely watched case that many hoped would bring some clarity—and sanity—to the subject of website accessibility under the Americans with Disabilities Act,...more
10/11/2019
/ ABC Test ,
Americans with Disabilities Act (ADA) ,
Ballot Measures ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Drug Pricing ,
Private Attorneys General Act (PAGA) ,
Public Accommodation ,
Sexual Harassment ,
Title III ,
Wage and Hour ,
Website Accessibility ,
Website Owner Liability ,
Websites
Taking the cautious view of a district court’s judicial discretion, the U.S. Court of Appeals for the Ninth Circuit declined to grant a writ of mandamus seeking to overturn a case management order that prohibited...more
Will Single-Use Products and Packaging Be a Thing of the Past in California? -
Walk down virtually any street, sidewalk, path, beach or trail in California and you will invariably find at least some single-use product or...more
6/13/2019
/ Arbitration ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Made in the USA ,
Opt-Outs ,
Popular ,
Retailers ,
SCOTUS ,
Single-Use/No Resale Restriction
The Supreme Court, in a sharply-divided 5-4 ruling issued on April 24, ruled that nothing in the Federal Arbitration Act allows courts to compel class action arbitration even if the contract is ambiguous in that regard, and...more
A putative class action plaintiff may not launch a new class action lawsuit after an earlier court denies class certification if the applicable statute of limitations has run, says the U.S. Supreme Court, in a unanimous...more
6/21/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
Reversing a Florida district court action, the U.S. Court of Appeals, Eleventh Circuit agreed with a national bank that a class action challenging overdraft fees should be moved to arbitration....more
As the deadline for input nears, stakeholders on both sides of the issue filed comments weighing in on the Consumer Financial Protection Bureau’s (CFPB or the Bureau) proposal on arbitration....more
Invoking the recent U.S. Supreme Court decision in Spokeo v. Robins, a federal court in New York held that a bank remained on the hook for a $6.2 million class action settlement.
What happened -
Plaintiffs were...more
8/31/2016
/ Article III ,
Class Action ,
Corporate Counsel ,
Injury-in-Fact ,
Mortgage Satisfaction Notice ,
Mortgages ,
Settlement ,
Spokeo ,
Spokeo v Robins ,
Standing ,
Statutory Damages
In a carefully drawn 6-2 decision authored by Justice Samuel Alito, the Supreme Court of the United States has today ruled in Spokeo, Inc. v. Robins that a plaintiff must show an injury in fact before pursuing a claim for...more