News & Analysis as of

Putative Class Actions Regulatory Violations

Eversheds Sutherland (US) LLP

Plaintiffs’ attorneys continue to test class action theories under New York City’s Biometrics Law

A putative class action complaint filed against the parent company of the New York Mets underscores the need for businesses in New York City to comply with an oft-overlooked law governing the collection and use of consumer...more

A&O Shearman

Southern District Of Florida Dismisses Putative Class Action Arising From Allegations Of Campaign Finance Violations For Failure...

A&O Shearman on

On September 27, 2024, Judge Aileen Cannon of the United States District Court for the Southern District of Florida dismissed a putative class action asserting claims under the Securities Exchange Act of 1934 against an...more

Seyfarth Shaw LLP

FCA Continues Winning Streak For OEMs On Claims For “Unfair Profit” In Destination Charges

Seyfarth Shaw LLP on

On Friday, December 22, 2023, FCA US LLC, the manufacturer of Chrysler, Jeep, Dodge, Ram vehicles, among others, scored the latest in a series of victories for automakers over claims by consumers that “destination charges”...more

Burr & Forman

Ninth Circuit Finds Reliance on CDIA Guidance Acceptable and Affirms Summary Judgment on FCRA Claim

Burr & Forman on

In Mitchell v. Specialized Loan Servicing LLC, 2022 WL 17883609 (9th Cir. Dec. 23, 2022), the Ninth Circuit affirmed the district court’s dismissal of FCRA and related state law claims based on a mortgage servicer’s alleged...more

Troutman Pepper Locke

New ADA Lawsuits Challenging Gift Card Issuers Inundate New York Federal Dockets

Troutman Pepper Locke on

Over the last several weeks, a variety of major retailers, restaurant groups, pharmacies and other merchants have been hit with a deluge of putative class action lawsuits alleging violations of the Americans with Disabilities...more

Epstein Becker & Green

As the Holidays Approach, the Latest Wave of ADA Cases Challenge the Absence of Braille Gift Cards

Epstein Becker & Green on

While the seemingly endless wave of website accessibility cases filed by serial plaintiffs shows no signs of abating (a situation not helped by the United States’ Supreme Court’s denial of Domino’s Petition for Certiorari...more

Bass, Berry & Sims PLC

Chris Lazarini Reviews Whether a Rule Violation Supports a Breach of Contract Claim

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini reviewed a putative class case filed against a brokerage firm alleging that the firm breached its client agreement by purchasing risky reverse convertible notes (RCNs) for clients...more

Carlton Fields

Defendants Fend Off Challenge to FIA’s Proprietary Index

Carlton Fields on

The End or the Beginning for Suits Over Disappointed Index Interest Expectations? Security Benefit Life Insurance Co. and Guggenheim Partners recently secured an important victory in a class action challenging a fixed...more

Carlton Fields

SDNY Denies Class Certification in Action Alleging Rate Regulation Violations

Carlton Fields on

The Southern District of New York denied class certification to a group of plaintiffs seeking to collectively sue a group of insurers over purported regulatory approval violations regarding workers’ compensation policies. The...more

Robinson+Cole Class Actions Insider

Lack of Standing in TCPA Class Action Results in Remand to State Court, Says The Eighth Circuit

A recent decision by the Eighth Circuit in a Telephone Consumer Protection Act (TCPA) class action provides an important pointer for defendants and their counsel with respect to strategy in defending a putative class action....more

Seyfarth Shaw LLP

Branch v. GEICO: The Convergence Of Class Certification And Article III Standing

Seyfarth Shaw LLP on

On January 10, 2018, the U.S. District Court for the Eastern District of Virginia denied Plaintiff Tiffanie Branch’s renewed motion for class certification in Branch v. Government Employees Insurance Company, No....more

Carlton Fields

Following Cunningham, Pennsylvania District Court Finds Captive Reinsurance Putative Class Action Claims Are Time-Barred

Carlton Fields on

In this putative class action, plaintiffs alleged unlawful practices related to mortgage insurance practices, including a violation of the Real Estate Settlement Procedures Act of 1974 (“RESPA”). ...more

Smith Debnam Narron Drake Saintsing & Myers,...

Second Circuit Holds Flu Shot Reminder Did Not Violate the TCPA

The Second Circuit has affirmed a lower court decision that a flu shot reminder sent by text message by a medical provider did not violate the Telephone Consumer Protection Act (the “TCPA”). The decision is important because...more

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