In its 2016 decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), the U.S. Supreme Court held that alleging a “bare procedural violation [of a statute], divorced from any concrete harm” was insufficient to satisfy the...more
6/29/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
Despite numerous attempts to define and address accessibility standards for websites and mobile applications, whether through proposed regulatory guidance or legislation or case law, uncertainty continues. The most recent...more
Starting in 2003 when the FCC adopted an expansive interpretation of the definition of an “automatic telephone dialing system” (ATDS) that included most modern telephone equipment, the plaintiffs’ bar has extracted hundreds...more
The U.S. Supreme Court in Home Depot U. S. A., Inc. v. Jackson, No. 17-1471, 2019 WL 2257158 (U.S. May 28, 2019) held that a third-party defendant first named in a counterclaim cannot remove cases under either the general...more
5/29/2019
/ CAFA ,
Class Action ,
Co-Defendants ,
Counterclaims ,
Federal Rules of Civil Procedure ,
General Removal Provisions ,
Home Depot USA Inc v Jackson ,
Jurisdiction ,
Remand ,
Removal ,
SCOTUS ,
Third-Party
In a highly anticipated decision issued late last week, the D.C. Circuit rejected key components of the Federal Communications Commission’s (“FCC”) July 10, 2015 Declaratory Ruling on the Telephone Consumer Protection Act...more
3/22/2018
/ ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Declaratory Rulings ,
FCC ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
Robocalling ,
Safe Harbors ,
Smartphones ,
TCPA
For the last several years, the City of Chicago has rapidly expanded the scope of regulations on lenders and mortgage servicers doing business in the City. If recent developments are any indication, the City Council’s...more
In Spokeo v. Robins, the U.S. Supreme Court (6-2) reversed the Ninth Circuit’s holding that an alleged violation of the Fair Credit Reporting Act was sufficient by itself to create a case or controversy required for a...more
While FDA action has been long anticipated, it comes as a surprise in light of the FDA’s conscious abstention on the term thus far. For example, despite publishing a proposed rule and soliciting comments on defining the term...more
Recently, in a rare display of bipartisanship, the Illinois House and Senate passed—almost unanimously—an amendment to the Illinois Residential Mortgage License Act, 205 ILCS 635/1-1 et al. (IRMLA). On July 23, 2015, Governor...more
Plaintiffs’ class action attorneys tend to follow trends. They are a savvy breed of attorney, at once creative and lazy (or efficient, depending on one’s perspective). One attorney discovers a statute, claim, or industry, and...more
5/28/2015
/ All Natural ,
Anheuser-Busch ,
Ascertainable Class ,
Class Action ,
Class Certification ,
Consumer Fraud ,
Defense Strategies ,
False Advertising ,
Liquor ,
Motion to Dismiss ,
Product Labels ,
Skinnygirl Margarita ,
Unfair or Deceptive Trade Practices ,
Wine & Alcohol
On March 25, 2015, the Conference of State Bank Supervisors (CSBS) and the American Association of Residential Mortgage Regulators (AARMR) proposed a slew of new prudential regulations at the state level specific to non-bank...more
On March 26, 2015, the CFPB announced that it is considering proposing rules that would seek to “end payday debt traps” by requiring lenders to make sure that consumers can repay their loans and by restricting certain...more
In this issue:
- Where did these cases come from?
- What are these cases about?
- Who is driving these cases?
- What are the Plaintiffs suing for?
- Who is a likely target?
- How can...more
On March 18, 2015, a federal judge in San Diego issued an eagerly anticipated ruling on the motion to dismiss filed by Fifth Generation, Inc. (the producer of Tito’s Handmade Vodka), effectively denying Tito’s motion to...more
In LVNV Funding, LLC v. Trice, 2015 IL 116129, the Illinois Supreme Court recently held that only the absence of personal or subject matter jurisdiction renders a circuit court’s judgment void. Thus, a judgment entered with...more
In JPMorgan Chase, N.A. v. Ontiveros, 2015 IL App (2d) 140145-U, the Illinois Appellate Court for the Second District recently clarified the difference between a void contract and a void judgment, thereby limiting the...more