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Consumer Protection Civil Remedies Constitutional Law

Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:

Democratic lawmakers, Republican attorneys general submit amicus briefs in CFPB Acting Director dispute

by Ballard Spahr LLP on

Past and present Democratic Representatives and Senators filed an amicus brief in support of the motion for a temporary restraining order filed by Leandra English to block Mick Mulvaney from exercising the authority of CFPB...more

Third Circuit’s Spokeo Decision Applied by Alabama District Court

The Third Circuit’s standing opinion in Sussino v. Work Out World Inc. might be having a ripple effect at the district court level, most recently in an opinion issued in a putative Telephone Consumer Protection Act (TCPA)...more

Fourth Circuit Issues Mixed-Bag Decision On Punitive Damages In FCRA Cases

Inevitably, when conscientious judges delve into the multi-dimensional issue of excessive punitive damages, they get some things right and other things wrong. Such is the case with the Fourth Circuit’s recent decision in...more

Ninth Circuit Rules on Spokeo Remand

by Selman Breitman LLP on

On August 15, 2017, the Ninth Circuit ruled that a litigant who accused Spokeo of violating the Fair Credit Reporting Act by allegedly reporting inaccurate information about him had claimed a sufficiently concrete injury to...more

A Twist on Campbell-Ewald: Seventh Circuit Rejects Effort to Moot Class Action Claims Under F.R.C.P. 67

In Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016), the United States Supreme Court held that a defendant’s unaccepted offer of complete relief under Federal Rule of Civil Procedure 68 did not moot a class plaintiff’s...more

SCOTUS denies petition for certiorari in case asserting recess appointment defense to CFPB enforcement action

by Ballard Spahr LLP on

On Monday, the U.S. Supreme Court denied the petition for certiorari in CFPB v. Chance Edward Gordon, a case filed by the CFPB in 2012 that alleged the defendant had duped consumers by falsely promising loan modifications in...more

Blood in the Water: Courts Evaluate Standing in Three Recent TCCWNA Class Actions

The rising tide of class actions alleging violations of New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA, pronounced “tic-wun-uh”) has been a cause of concern for companies advertising and selling to...more

New York’s "No Credit Card Surcharge" Law Regulates Speech, SCOTUS Rules

by Ballard Spahr LLP on

New York's law prohibiting merchants from imposing a surcharge on credit card purchases (Section 518 of the state's General Business Law) regulates speech, thereby making the law subject to First Amendment scrutiny, the U.S....more

Post-‘Spokeo’ Standing for Consumer Class Actions a Struggle

Federal courts have varied widely in their interpretation of standing for plaintiffs in consumer protection class actions since last year’s U.S. Supreme Court decision in Spokeo v. Robins , __ U.S. __, 136 S.Ct. 1540 (May 16,...more

CFPB asks for rehearing en banc in PHH case

by Ballard Spahr LLP on

As we expected, the CFPB filed a petition with the D.C. Circuit this past Friday asking it to grant a rehearing en banc of its decision in CFPB v. PHH Corporation.  Under D.C. Circuit rules, PHH may not file a response to the...more

Petition for writ of certiorari filed in case asserting recess appointment defense to CFPB enforcement action

by Ballard Spahr LLP on

Since it was filed in a California federal court in July 2012, we have been following CFPB v. Chance Edward Gordon, a case in which the CFPB alleged that an attorney duped consumers by falsely promising loan modifications in...more

D.C. Circuit Tosses Consumer Complaint Following Spokeo

by Dorsey & Whitney LLP on

On July 26, 2016, the D.C. Circuit rejected a consumer class action complaint based on alleged violations of two D.C. consumer protection statutes. Citing the recent U.S. Supreme Court decision in Spokeo, Inc. v. Robins, No....more

Eleventh Circuit Court of Appeals Clarifies Standing Requirements for FDCPA Plaintiffs

The Eleventh Circuit Court of Appeals has clarified the type of injury that must be alleged by a plaintiff suing under the Fair Debt Collection Practices Act (FDCPA). This decision, in Church v. Accretive Health, Inc., is the...more

A Setback to Businesses: Courts in the Eleventh Circuit in a Post-Spokeo World

by Taylor English Duma LLP on

When the Supreme Court issued its ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 194 L. Ed. 2d 635 (2016), earlier this year, it was received by compliance professionals with mixed reactions. Many were thrilled with the...more

Warning Labels Suit Not Suitable for Preliminary Injunction

In American Beverage Association v. City and County of San Francisco, No. 3:15-cv-03415-EMC, decided on May 17, 2016, Northern District Judge Edward Chen denied a preliminary injunction against enforcement of a San Francisco...more

District of Massachusetts Grapples with Campbell-Ewald’s Unanswered Questions

by Pierce Atwood LLP on

Chief Judge Saris and Judge Sorokin of the District of Massachusetts recently tackled questions left unanswered by the Supreme Court’s opinion earlier this year in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016)....more

Supreme Court Vacates Ninth Circuit Decision in Spokeo, Remands for Analysis of Concrete Harms

by WilmerHale on

On May 16, 2016, the Supreme Court issued its decision in Spokeo v. Robins, which posed the question of whether Article III standing requires a plaintiff to have a concrete injury when alleging a statutory violation under the...more

Supreme Court Issues Closely Watched Article III Standing Decision

by Morgan Lewis on

The Court holds that allegation of a statutory violation is not solely sufficient to satisfy the “concrete harm” requirement for purposes of Article III standing in federal court....more

The Supreme Court’s Spokeo Decision: Concrete Shoes For Consumer Class Actions?

by Morrison & Foerster LLP on

Today the Supreme Court issued its highly anticipated decision in Spokeo, Inc. v. Robins. The decision takes on a hot topic in consumer class action law today—what must a plaintiff plead and prove to have standing to sue for...more

Supreme Court Explores Injury Requirement for Federal Statutory Standing

In a 6-2 opinion issued May 16, 2016, the Supreme Court vacated a Ninth Circuit holding that a plaintiff who alleges that his own federal statutory rights have been violated has alleged enough to establish Article III...more

Mooting Class Actions by Offer of Judgment – Episode 2: The Ninth Circuit Strikes Back

In Campbell-Ewald v. Gomez, 136 S. Ct. 663 (Jan. 20, 2016), the Supreme Court resolved a split among courts and held that an unaccepted settlement offer of complete individual relief does not moot the plaintiff’s lawsuit. ...more

Third Circuit Follows Gomez on Mootness Issue, But Narrowly

by Ballard Spahr LLP on

In the wake of the U.S. Supreme Court's holding in Campbell-Ewald Company v. Gomez that an unaccepted Rule 68 offer of complete relief does not moot a plaintiff's individual claims, the U.S. Court of Appeals for the Third...more

New York Federal Court Ruling May Breathe New Life into Employment Class Action Pick-off Strategy; Addresses Supreme Court’s Gomez...

Is the pick-off strategy to moot class actions still alive in the Southern District of New York? Possibly. Last month we reported on Brady v. Basic Research, L.L.C. – the first decision to interpret the Supreme Court’s...more

Early Settlement of the Home Depot Consumer Data Breach Claims – The Start of a Trend?

Last week, a federal court in Atlanta issued an order preliminarily approving a proposed settlement – valued up to $19.5 million – of the consumer claims arising from the 2014 theft of payment card data from Home Depot. The...more

New York Court Rules Rule 67 Deposit Cannot be Used to Pick Off Named Plaintiffs in Putative Diet Pill Class

Recently, a New York court held that a putative class action defendant’s depositing of funds sufficient to cover the full amount of a plaintiff’s individual claims does not moot the plaintiff’s case and therefore cannot be...more

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