Putative Class Actions

News & Analysis as of

Target’s Successful Defense To A FCRA Class Action Is Good News For Employers

Target requires job applicants to sign a “Consent & Disclosure” form advising the applicant that Target will obtain an employment background report. The form discloses that a consumer report or investigative consumer report...more

2nd Circuit Speaks: LIBOR Plaintiffs May Pursue Claims

On May 23, 2016, the Second Circuit issued a long-awaited decision in the In re: LIBOR-Based Financial Instruments Antitrust Litigation, vacating the District Court’s (Buchwald, J.) prior decision dismissing one case in this...more

First Circuit Decision Creates Ambiguity in Consumer VPPA Class Actions

The vast majority of courts confronted with “free app” cases under the Video Privacy Protection Act (“VPPA”) have dismissed those claims.  A recent First Circuit decision, however, signals a change in that trend.  ...more

Where’s the Octopus? New False Advertising Class Action against Goya Foods, Inc. Claims Octopus Is Missing from Products

A new putative consumer class action claiming damages in excess of $5,000,000 was filed earlier this month in the Northern District of California against Goya Foods, Inc. (“Goya”). The plaintiff, a purchaser of Goya octopus...more

Failure To Pay Costs Did Not Materially Breach Arbitration Agreement In Light Of Legitimate Dispute As To The Forum

A New Jersey appellate court affirmed an order dismissing a class action and compelling individual (non-class) arbitration. The underlying arbitration agreements provided that the defendant car dealership would pay all costs...more

California Federal Court Holds That U.S. Securities Laws Do Not Apply to Unsponsored, Unlisted ADRs

The U.S. District Court for the Central District of California held on May 20, 2016 that the federal securities laws do not apply to U.S. transactions in unlisted, unsponsored American Depositary Receipts (ADRs) for a foreign...more

Your daily dose of financial news The Brief – 5.24.16

Tribune’s not only given a hard “no” to Gannett, but it’s got some new firepower (and capital) on its side thanks to a $70.5 million investment by Nant Capital—a group “founded by Patrick Soon-Shiong, a billionaire who has...more

Class action defendants benefit from Spokeo’s ruling on standing

On May 16, the U.S. Supreme Court decided Spokeo Inc. v. Robins, in which it ruled that the Ninth Circuit incorrectly applied the Article III standing inquiry to a named plaintiff in a putative class action seeking damages...more

CA Court Plays “Tag” – Judge Refuses to Drop Facebook Photo-Tagging Privacy Case

Earlier this month, a judge from the Northern District of California allowed a putative class action suit to proceed against Facebook. In this case, the plaintiffs alleged Facebook collected and stored biometric data of...more

Spokeo, Inc. v. Robins and the No-Injury Class Action

Class action practitioners have been closely watching Spokeo, Inc. v. Robins, a case before the Supreme Court on appeal from the Ninth Circuit. Spokeo presented the Court with the opportunity to decide whether a plaintiff...more

Spokeo v. Robins Supreme Court Opinion: What Is Concrete Harm?

Yesterday, the Supreme Court issued its long-awaited decision in Spokeo, Inc. v. Robins, addressing whether the plaintiff had standing to sue in a putative class action brought under the Fair Credit Reporting Act (“FCRA”)....more

The Amount-in-Controversy Requirement Presents an “Obstacle” to CAFA Removal

In Pazol v. Tough Mudder Inc., No. 15-1640, — F.3d —-, 2016 WL 1638045 (1st Cir. Apr. 26, 2016), the First Circuit analyzed the “reasonable probability” standard that a defendant must satisfy to support CAFA’s $5 million...more

Illinois Supreme Court Issue Long-Awaited Decision on Vesting of Retiree Health Care Benefits in Matthews v. Chicago Transit...

On May 5th, nearly a full year after it heard oral arguments in the case, the Illinois Supreme Court issued its decision in Matthews v. Chicago Transit Authority, et al., addressing the interplay between a public sector...more

Fourth Circuit Considers Whether Arbitration Agreement Was Binding Where Parties Modified Contract Through Conduct

In early April, the Fourth Circuit Court of Appeals considered whether an arbitration agreement was “a written provision” for purposes of the Federal Arbitration Act where the parties modified the contract through their...more

The New Jersey Truth-In-Consumer Contract Warranty and Notice Act: What You Need to Know About “TCCWNA” and the Rise in Consumer...

Businesses with consumer products should be aware of the rise in class action filings based on the New Jersey Truth-In-Consumer Contract Warranty and Notice Act (“TCCWNA”). Although the statute has been in place since 1981,...more

Can Credit Card Debt Collectors Continue to Charge Interest and Late Charges After Charging-Off the Debt?

A federal district court in Oklahoma recently dismissed a putative class action asserting that defendants’ credit card debt collection activities violated the Fair Debt Collection Practices Act (“FDCPA”). The case, Walkabout...more

Trump campaign sued for sending spam texts in violation of TCPA

Donald J. Trump for President, Inc., which is the official campaign committee for candidate Donald Trump, was named in a putative class action case on April 25, 2016, for sending unwanted text messages to individuals. The...more

First Circuit Opens New World of Potential Liability for Video Producers

You may be too young for this to have been a big thing to you, but almost 30 years ago, D.C. Circuit Judge Robert Bork was nominated to the Supreme Court, and Washington, D.C. went into a tizzy. Coming as it did just a year...more

Pazol v. Tough Mudder, Inc.: Muddying the waters on proof of jurisdictional facts under CAFA?

The Class Action Fairness Act of 2005 (CAFA) was intended to make it easier for defendants to remove class action lawsuits from state court to federal court. For example, CAFA introduced the concept of minimal as opposed to...more

Been There, Done That: Kohl’s Wins Dismissal of Copycat False Advertising Class Action

A California federal court recently denied a motion to certify a class of Kohl’s customers allegedly misled by false advertising, finding that plaintiff Wendy Chowning’s claim was a copycat of an earlier-filed case, Russell,...more

Alleged Misrepresentations to DFS Warrant SLUSA Preclusion

The Southern District of New York recently granted defendant’s motion to dismiss a putative class action claiming that AXA Equitable Life Insurance Company breached its contractual obligation by implementing a volatility...more

Seventh Circuit Holds No Agreement Entered Into With Respect To On-Line Contract

This case arises from an appeal from an Illinois federal district court, which ruled that TransUnion, a credit reporting agency, did not give a putative class of its website users proper notice of an arbitration agreement,...more

Federal Court Paves Way for TCPA Defendants to Attack Class Actions on Constitutional Grounds

A recent, seemingly innocuous decision out of the Western District of New York sheds new light on a compelling constitutional argument against high-dollar class action lawsuits brought under the Telephone Consumer Protection...more

Charter Defeats TCPA Class Action Based Upon Safe Harbor Provision

In Simmons v. Charter Communs., Inc., No. 15-cv-317, 2016 U.S. Dist. LEXIS 42091 (D. Conn. March 30, 2016), the District of Connecticut granted summary judgment in favor of Charter Communications in a putative class action...more

National Programming Services Defeats Putative TCPA Class Action

In Friedman v. Nat’l Programming Servs., LLC, No. CV 15-4866, 2016 U.S. Dist. LEXIS 40575 (C.D. Cal. March 25, 2016), the Central District of California granted summary judgment in favor of the defendant, National Programming...more

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