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Court Certifies Class Despite Plaintiff’s Admission that She Consistently Purchased the Product Years Before the Allegedly...

On November 9, 2020, Judge Jeffrey Miller of the Southern District of California certified a class of California citizens alleging that Kroger violated various California consumer protection laws by mislabeling its...more

CFPB Issues Final Rule Banning Class Action Waivers in Consumer Finance Contracts

On July 10, 2017, the Consumer Financial Protection Bureau (CFPB) announced a final Rule banning the use of class action waivers in a broad range of consumer finance agreements. The Rule, which was expected in light of prior...more

Second Circuit Rejects TCPA Lawsuit Holding Plaintiff’s Consent to Receive Calls Was Irrevocable

The Telephone Consumer Protection Act (“TCPA”) generally prohibits automated or prerecorded calls to cellular phones, absent the recipient’s express consent. Although other courts and the Federal Communications Commission...more

Supreme Court Confirms Plaintiffs Cannot Manufacture Appellate Jurisdiction Over Class Certification Denials

On June 12, 2017, the Supreme Court issued its decision in Microsoft Corp. v. Baker. Baker resolves a Circuit split concerning whether a plaintiff, after losing a class certification battle, can effectively manufacture...more

D.C. Circuit Rules CFPB’s Structure Unconstitutional

In a news-making decision with significant political implications, but probably limited near-term business or legal effects, the United States Court of Appeals for the District of Columbia Circuit held on Tuesday, October 11,...more

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