Recent Trends in Class-Action Consumer Finance Litigation - The Consumer Finance Podcast
Two recent decisions highlight that the viability of the established business relationship, or EBR, exemption defeating class certification in a Telephone Consumer Protection Act case may depend on the defendant company’s...more
Real Property Update - Foreclosure / Doc Stamps: failure to pay documentary stamp and intangible taxes on increased principal balance under loan modification rendered final foreclosure judgment unenforceable - Schroeder v....more
Takeaway: More class actions are filed under the Telephone Consumer Protection Act (TCPA) than any other statute, and TCPA claims often present common issues capable of class certification. But courts will not certify a...more
We have been closely watching how courts have applied the Supreme Court’s Bristol-Myers Squibb decision in the class action context, and the early results are mixed. But the Northern District of Illinois made a big step in...more
In this issue, we cover two decisions granting motions to strike/dismiss class claims, three decisions denying such motions, 26 decisions denying class certification or reversing grants of class certification, 22 decisions...more
A Flawed Class Definition – Court Grants Defendant's Motion to Strike Consumer's Proposed Class - Cholly v. The Uptain Group., et al, 1:15-cv-05030 - In Cholly v. The Uptain Group Inc., et al, the defendant debt...more
This is the 14th 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 issued...more
In Florida, courts routinely enforce jury trial waiver provisions found in loan agreements, which are generally valid and enforceable. This is true even with respect to fair debt actions. However, because there is generally a...more
Two recent decisions from the Eastern District of Illinois involving the Telephone Consumer Protection Act (TCPA), decided a day apart, provided valuable insight as how this court will respond to motions to strike class...more
This is the 11th 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 issued...more
This is the ninth 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
In This Issue: - The Fairness in Class Action Litigation Act of 2015 - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to...more
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
"In This Issue: - Courts Weighs in on Ascertainability - CLASS CERTIFICATION DECISIONS: ..Decision Granting Motion to Strike ..Decisions Denying Motions to Strike ..Decisions Rejecting/Denying...more