Last week, a United States District Court in Washington rejected a proposed TCPA class settlement in part because the class definition included an impermissible characterization of the disputed term of art: automatic telephone dialing system (“ATDS”). A copy of the Order is available here.
This TCPA class action involved allegations that the defendant made
Last week, the Eleventh Circuit held that a plaintiff did not have Article III standing to assert claims under the Telephone Consumer Protection Act based on his alleged receipt of a single unsolicited text message. In addition to defeating the plaintiff’s individual claims, the decision has complicated his path to asserting TCPA claims for a
CVS Pharmacy has agreed to pay $15 million to settle long-running claims asserted by a nationwide class of consumers who allegedly received unsolicited flu shot reminder calls. The parties filed a motion for preliminary approval of the class settlement this week in the United States District Court for the Northern District of Illinois.
The underlying
Last week, the Eighth Circuit affirmed dismissal of a putative class action data breach lawsuit, holding that the named plaintiff failed to allege standing based on a single fraudulent charge to his credit card. A copy of the opinion can be found here.
In 2014, hackers accessed customer financial information from hundreds of retail
The operators of two websites have agreed to settle claims with the Federal Trade Commission relating to allegations that they failed to take reasonable steps to secure consumers’ data, which allowed hackers to breach both websites. The FTC issued a statement on both cases, which can be found here.
One case was filed against
Last week, a Ninth Circuit panel held that plaintiffs in five related cases lacked standing to pursue their FCRA claims. Specifically, the Ninth Circuit held that the allegation that a credit report contained misleading information, absent any indication that a consumer tried to engage in or was imminently planning to engage in any transactions for
The Ninth Circuit recently invalidated the Central District of California’s local rule providing a strict deadline to file class certification motions no later than 90 days after service of a complaint. Specifically, the panel held that the district court’s strict application of its local rules to the timeliness of the plaintiff’s motion was inconsistent with
On January 25, the Illinois Supreme Court sided with consumers in issuing a unanimous decision that a Six Flags season pass holder could bring a claim under Illinois’ Biometric Information Privacy Act (the “BIPA”) based on the amusement park’s collection of customer fingerprints—even absent allegations of real-world injury. This opinion provides a boost to the
On January 22, a district court in Wisconsin dismissed a debt collection action, with prejudice, on the basis that the inclusion of the current monthly payment in the “amount due now” was “not false, misleading, or confusing.” A copy of the Court’s decision can be found here.
Plaintiff Barbara Mollberg filed a complaint
2018 was a busy year in the consumer financial services world. As we navigate the continuing heavy volume of regulatory change and forthcoming developments from the Trump administration, Troutman Sanders is uniquely positioned to help its clients successfully resolve problems and stay ahead of the compliance curve.
In this report, we share developments on