On September 29, the United States District Court for the Northern District of Illinois preliminarily approved a $76 million Telephone Consumer Protection Act class action against several cruise marketing companies in Birchmeier v. Caribbean Cruise Line, Inc.
According to the class action complaint that was filed more than four years ago, a telemarketing company, ESG
In Marquez v. Weinstein, Pinson & Riley, P.S., et al., the plaintiffs brought a class action against the defendants for alleged violations of the Fair Debt Collection Practices Act arising out of the defendants’ attempt to collect on student loan debts allegedly owed by the plaintiffs. Specifically, the defendant law firm, Weinstein, Pinson &
On September 28, the United States District Court for the Central District of California preliminarily approved a $10.5 million Telephone Consumer Protection Act class action settlement against Dun & Bradstreet Credibility Corporation (“DBCC”). According to the class action complaint that was originally filed in April 2015, DBCC, a seller of credit-building and credibility solutions for
On September 27, the Illinois Court of Appeals reversed a ruling in favor of Neiman Marcus, finding that the department store violated the Illinois Employee Credit Privacy Act, 820 ILCS 70/1 et seq., when it ran background checks on potential employees. The Act prohibits an employer from inquiring into a potential employee’s credit history,
On September 15, the Federal Trade Commission published a staff paper providing its perspective on the lead generation business. Although the FTC recognized some of the advantages of lead generation, the paper was a clear warning to “unscrupulous actors in the lead generation industry” of potential consequences. The staff paper signals that the FTC is
The Third Circuit recently affirmed a District Court’s dismissal of a data breach class action against Benecard Services Inc. (“Benecard”).
Benecard is a prescription benefit administrative services company that provides mail and specialty drug dispensing, managed vision services, and contact lens mail order services to public and private sector organizations. The instant case arose from
A plaintiff filed a complaint against an online university, alleging claims under the Telephone Consumer Protection Act and the Illinois Consumer Fraud and Deceptive Business Practices Act (“ICFA”) relating to the defendant’s alleged repeated and unsolicited calls to the plaintiff’s cell phone.
The defendant, Ashford University, LLC, allegedly called plaintiff Melissa Nelson’s cell
The District Court for the Southern District of California recently granted a motion to dismiss in a Telephone Consumer Protection Act case based on the Supreme Court’s decision in Spokeo, finding that the plaintiff failed to put forth evidence proving an injury-in-fact.
In Romero v. Department Stores National Bank, the defendant creditors allegedly
The Eleventh Circuit recently released an unpublished decision regarding its opinion on the impact of Spokeo on a Fair Debt Collection Practices Act putative class action, finding that the named plaintiff satisfied Article III standing requirement.
In Church v. Accretive Health, Inc., the defendant sent the named plaintiff a letter advising her that she
In Davis v. Hollins Law, the Ninth Circuit recently reversed a lower court’s judgment in favor of the plaintiff on a claim under the Fair Debt Collection Practices Act, finding that the defendant debt collector’s communication was sufficient in context to disclose to the least sophisticated debtor that it was from a debt collector.