Recent Trends in Class-Action Consumer Finance Litigation - The Consumer Finance Podcast
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Post-TransUnion, A Closer Examination of Threshold for Article III Standing- Class action trials are rare. The potential magnitude of an adverse verdict, even when improbable, makes the risks of trial unpalatable for...more
Courts and class action counsel have been considering what kinds of injuries can confer standing to pursue federal claims following the Supreme Court’s 2021 decision in TransUnion LLC v. Ramirez, which held that the...more
The 2023 Carlton Fields Class Action Survey found that the second most successful class action defense is the lack of any actual injury suffered by some or all of the class. It also found that this defense made a big jump in...more
The Eleventh Circuit recently decertified a TCPA settlement class because the class definition included members who could never have Article III standing under Eleventh Circuit precedent. Drazen v. Pinto, — F.4th –, No....more
On August 15, 2022, the U.S. Court of Appeals for the Fifth Circuit vacated a class-certification order on a Rule 23(f) appeal after sua sponte holding that the named plaintiff had no standing to sue. The case is yet another...more
Please join Consumer Financial Services Partner Chris Willis and his guests and colleagues Dave Gettings and Mary Kate Kamka as they discuss recent trends in class-action consumer finance litigation, including: -The...more
On April 27, 2022, the U.S. District Court for the Western District of Pennsylvania certified a class comprised of individuals alleging the Defendants violated the Fair Debt Collection Practices Act (FDCPA). Plaintiffs...more
On January 10, 2022, the Supreme Court summarily vacated the Fourth Circuit’s order in Rocket Mortgage, LLC v. Alig and remanded the case for reconsideration in light of TransUnion LLC v. Ramirez. (You can read our prior...more
The Supreme Court on Monday signaled to the lower courts that they need to seriously consider the impact of TransUnion LLC v. Ramirez, 594 U.S. ___ (2021) when addressing claims for statutory violations that do not result in...more
The United States Court of Appeals for the Eighth Circuit published two opinions last month in companion class actions alleging defects with off-road vehicles. With its decisions, the court held that purchaser plaintiffs must...more
During the week of 21 June 2021, the United States Supreme Court issued two decisions that ultimately remove any doubt that class representatives must present class-wide evidence of harm at the class-certification stage,...more
The United States Supreme Court has repeatedly declined to resolve a question that has sharply divided the Circuits: whether a class may be certified even though it contains uninjured members. See e.g., Tyson Foods, Inc. v....more