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"European Parliament Approves Proposed Directive on Private Antitrust Damages Actions"

On April 17, 2014, the European Parliament overwhelmingly approved the European Commission’s proposal for a directive on private antitrust damages actions (the Directive). The Directive is intended to facilitate antitrust...more

4th Circuit Unmasks Company Doe & Unseals Entire Record in CPSC Database Case

Yesterday, the U.S. Court of Appeals for the Fourth Circuit rather forcefully reversed one of the key rulings of Maryland District Court Judge Alexander Williams, Jr. in the recent litigation involving the CPSC’s...more

European Parliament adopts legislation facilitating antitrust damages actions

Today, the European Parliament approved legislation governing antitrust damages actions brought in the national courts of EU Member States. The Parliament’s approval was the last significant hurdle and follows several years...more

The new group actions law in France – A cause for concern for companies?

The French law on consumer rights, also referred to as the “Hamon law” (“loi Hamon”), was enacted on 17 March 2014. The introduction of group actions is one of the main innovations of this law. Companies must now...more

Washington Amends State SCRA Statute To Provide State Remedy For Violation Of Federal SCRA

On March 27, Washington Governor Jay Inslee signed SB 2171, which amends the Washington Service Member’s Civil Relief Act (WSCRA) to provide that a violation of the federal Servicemembers Civil Relief Act is a violation of...more

Seventh Circuit Affirms Lodestar Method to Determine Attorneys’ Fees in TCPA Class Action Settlement

In Americana Art China Company, Inc. v. Foxfire Printing & Packaging, Inc., 743 F.3d 243 (7th Cir. Feb. 18, 2014), the U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s attorneys’ fees award in a...more

FCC Grants Limited Package Delivery Notification “Prior Express Consent” Exemption

On March 27, 2014, the FCC granted, in part, a petition for expedited declaratory ruling filed by the Cargo Airline Association (“CAA”). (The FCC’s CAA Order can be found here.) In its petition, the CAA asked the FCC: (1) to...more

Beyond Credit Reporting: The Extension of Potential Class Action Liability to Employers under the Fair Credit Reporting Act

Do not be fooled by its title: the Fair Credit Reporting Act (“FCRA”) reaches far beyond the realm of credit reporting and governs a broad spectrum of industries. Indeed, the provisions of FCRA apply to any business entity...more

The New Normal: The Need for Damages Proof To Certify Consumer Classes Post-Comcast

In consumer class actions, the damages measure tends to remain undisclosed or ill-defined when plaintiffs move for class certification. Revealing as little as possible about damages allows plaintiffs to more flexibly adapt to...more

A (POM) Wonderful Result For Consumer Class Action Defendants

On March 25, 2014, the court in In re: POM Wonderful LLC Marketing and Sales Practices Litigation, Case No. ML 10-02199 DDP (C.D. Cal.), granted a motion by defendant POM Wonderful LLC (“POM”) to decertify a previously...more

Food Litigation Newsletter - March 2014 (2)

In This Issue: - Recent Significant Developments and Rulings ..Court Rejects ‘Grossly Excessive’ Attorneys’ Fee Claim in Dismissed Case ..Voluntary Dismissal in Bumble Bee Class Action - New...more

Germany to Tighten Data Protection Laws: Consumer Protection Associations shall be Granted Right to take Businesses to Court

Germany's data protection laws, already known as one of the strictest in the world, are facing an even stricter approach when Federal Minister of Justice Heiko Maas on February 11, 2014 announced a new draft bill that would...more

Providing Cell Phone Number To Register Membership Gives TCPA Consent for Text Message

A consumer who voluntarily provides a cell phone number when registering online for membership has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive a text message containing...more

The Class Action Chronicle - Spring 2014

This is the third edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Institutions of Higher Education and the Fair Credit Reporting Act: Third Circuit Holds Higher Education Amendments Offer No Safe...

In a recent precedential opinion, the Third Circuit has held that the Higher Education Act provides no safe haven from strict adherence to the Fair Credit Reporting Act for colleges and universities. Moreover, the Court...more

District Court Denies Class Certification and Grants Partial Summary Judgment in Favor of DISH Network L.L.C. in Telemarketing...

CLEVELAND, OH – February 25, 2014 –Benesch achieved a significant victory for DISH Network L.L.C. when the Federal District Court in Denver, Colorado issued an order and an opinion denying the Plaintiff’s Motion for Class...more

The SCRA can be a Minefield: Recent Ninth Circuit Opinion Addresses Foreclosure Protection

On February 7, the U.S. Ninth Circuit Court of Appeals issued its opinion in Brewster v. Sun Trust Mortgage, Inc. The decision stands as a stark reminder to mortgage lenders and servicers of the importance of verifying a...more

Cert Petition Asks Supreme Court To Decide Whether Congress Can Allow Uninjured Plaintiffs To Sue In Federal Court

For years, defendants have argued that federal courts may not entertain class-action lawsuits when the plaintiff does not allege that he or she suffered any concrete personal harm and instead relies solely on an “injury in...more

CFPB Finalizes Rule on Awards of Expenses, Attorney Fees to Prevailing Parties in Adversary Proceedings

As previously noted on this blog, the Consumer Financial Protection Bureau (CFPB) issued an interim final rule in June 2012 to implement the Equal Access to Justice Act. At the time, the CFPB requested public comment on the...more

Voluntary Restitution Programs and Class Action Exposure: Lessons from the Hyundai/Kia Consumer Class Action Settlements

In many misleading advertising and consumer protection cases, a company that discovers a regulatory breach will self-report to the Competition Bureau or other law enforcement agencies, and implement a voluntary compensation...more

Three, Two, One, Blast Off! Illinois Court Finds Coverage for Blast Fax TCPA Violations

Last year, the Illinois Supreme Court held statutory damages of $500 per occurrence for violations of the Telephone Consumer Protection Act (TCPA) were not punitive in nature and reversed an Illinois appellate court decision...more

Damages Issues Again Thwart the Bulk of Plaintiffs’ Claims in the PlayStation Network Data Breach Class Action

In the latest chapter in the Sony PlayStation Network (“PSN”) data breach saga, a decision that issued on January 21, 2014 permanently dismissed all but a handful of the class action claims advanced in a 51 count complaint. ...more

Judge Koh Tosses Restitution and Disgorgement Claims in Bumble Bee Class Action

In one of the first summary judgment rulings in the onslaught of food mislabeling and misbranding class actions, Judge Lucy Koh of the Northern District of California tossed the plaintiff’s restitution and disgorgement...more

Eleventh Circuit Holds Collection Fee Based On Percentage Of Principal Owed In Violation Of Contract Terms Violated FDPCA

On January 2, the U.S. Court of Appeals for the Eleventh Circuit held that a debt collector violated the FDCPA by collecting a fee based on a percentage of the principal owed when the contract allowed a fee only for the...more

Collective Redress Likely to Become a Reality in Belgium

The Belgian Government has today submitted a draft federal bill on collective redress for approval in the parliament. If passed, it will introduce collective redress into Belgian legislation for the first time. It will also...more

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