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Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal...more
The recent decision by the Sixth Circuit in Hardwick and a review of the law from various jurisdictions supports the challenges that Plaintiffs face in proving standing for class certification in PFAS lawsuits. Late in 2023,...more
Joining every other circuit to address the same issue, the U.S. Court of Appeals for the Eleventh Circuit recently ruled that a consumer does not have to prove actual damages to recover statutory damages for willful...more
Rule 23 does not explicitly require that a court be able to determine who the members are before certifying a class. But judges have found implicit in the Rule a requirement that membership in a defined class be...more
Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2021. In this edition, the Seventh Circuit shorts out an FCRA suit, a plaintiff just … gives up, and...more
On January 10, 2022, the Supreme Court summarily vacated the Fourth Circuit’s order in Rocket Mortgage, LLC v. Alig and remanded the case for reconsideration in light of TransUnion LLC v. Ramirez. (You can read our prior...more
Welcome to the summer edition of the Class Action & MDL Roundup, covering significant decisions and settlements from the second quarter of 2021. In this edition, plaintiffs are doing their own science (badly), SCOTUS...more
The United States Supreme Court has repeatedly declined to resolve a question that has sharply divided the Circuits: whether a class may be certified even though it contains uninjured members. See e.g., Tyson Foods, Inc. v....more
Today, the United States Supreme Court granted a writ of certiorari in Trans Union LLC v. Ramirez. At issue is an eight-figure judgment obtained by a certified class of consumers for statutory and punitive damages based on...more
On July 27, 2020, the Eastern District of Pennsylvania confirmed that a plaintiff lacks Article III standing to state a claim for violation of the Fair Credit Reporting Act (“FCRA”) premised solely on the failure to receive a...more
Colloquially known as the ‘‘Rocket Docket,’’ the Eastern District of Virginia (‘‘EDVA’’) has been the speediest federal court for civil trials since 2008, according to the annual data compiled by the Administrative Office of...more
In a decision that will have repercussions for consumer false advertising lawsuits, a Ninth Circuit panel recently ruled in a Fair Credit Reporting Act (“FCRA”) case that all class members must have standing at the trial...more
- In a matter of first impression within the 9th Circuit, the court held that each member of a certified class must have Article III standing in order to recover individual monetary damages at trial. - Those class members...more
Real Property Update - Foreclosure / Rehearing: Order denying rehearing on summary judgment motion and denying continuance affirmed where (1) affidavit in support of rehearing failed to disclose any genuine issue of...more
In a case originally filed in March 2016, and following the successful appeal of a grant of summary judgment in favor of Experian Information Solutions, Inc. (“Experian”), Judge Andrew Guilford of the United Stated District...more
Financial Services Update - TCPA / ATDS: lender's dialer equipment not an ATDS because it is not capable of generating and dialing random or sequential numbers - Brown v. Ocwen Loan Serv. LLC, No. 8:18-cv-136-T-60AEP (M.D....more
We have another multi-million dollar FCRA class action settlement on the books. In Schofield v. Delta Air Lines, Inc., No. 18-cv-00382-EMC, 2019 U.S. Dist. LEXIS 31535, at *1 (N.D. Cal. Feb. 27, 2019), the district court for...more
In recent months, we have seen a large uptick in FCRA class actions. If you’re a regular reader here at FCRALand, you may recall the Stanford class action filed in October 2018, the PetCo class settlement in November 2018,...more
This week we got another big FCRA decision in Sanders v. Global Radar Acquisition. In Sanders, the plaintiffs filed a putative class action claiming that the Defendants failed “to obtain certification prior to furnishing a...more
This week, in Siglin v. Sixt Rent A Car, LLC, 18-cv-62536, a proposed class action was filed against Sixt Rent A Car, LLC (“Sixt”) for its alleged failure to properly conceal consumers’ card and identification information on...more
ABC Discount Superstores prides itself on undercutting any competitor’s prices— and on the diversity of its workforce. Always on the cutting edge, the company was among the first in the retail industry to embrace online...more
The Ninth Circuit follows the Second and Seventh Circuits in dismissing consumer class actions in which named plaintiff alleges no injury other than statutory damages. Key Points: ..In Bassett v. ABM Parking Services,...more
The FCRA is not a classic employment law, but regulates the procurement and use of background checks by employers. Before procuring a background check from a consumer reporting agency (CRA), the employer must disclose its...more
By now, most litigators and in-house counsel have at least some familiarity with the Supreme Court’s decision in Spokeo, Inc. v. Robins, which reiterated that Article III standing requires an “injury-in-fact” that is both...more
REAL PROPERTY UPDATE - - Constructive Notice: a memorandum of agreement that is recorded in the official records of the county in which the property is located and refers to an unrecorded agreement entered into by the...more