Statutory Class Actions: Developments and Strategies

Bradley Arant Boult Cummings LLP
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In this Newsletter:

- An Aspect Of Adequacy: Do Traditional Standing Requirements Apply To Statutory Class Actions?

- The Fair Debt Collection Practices Act: A Constantly Shifting Battlefield.

- Telephone Consumer Protection Act Overview And Developments

- The Fair Housing Act: Is Protection For Lenders From Disparate Impact Claims On The Horizon?

- After Two Decades, Shouldn’t Compliance With The Americans With Disabilities Act Be Easier?

- Excerpt from An Aspect Of Adequacy: Do Traditional Standing Requirements Apply To Statutory Class Actions?:

Plaintiff standing is rarely the subject of great debate in most forms of litigation, including class litigation. When common law tort or contract claims are at issue, a plaintiff’s standing or lack thereof is generally obvious and rarely debatable. Statutory damage actions are different. A statutory damage plaintiff must demonstrate not only statutory standing, but Constitutional standing as well. Lerner v. Fleet Bank, N.A., 318 F.3d 113, 126 (2d Cir. 2003). Exactly how these two types of standing interrelate is currently the subject of substantial judicial uncertainty and debate.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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