Nearly half of all calls to U.S. cell phones in 2019 will be spam. This statistic is according to a study referenced by the Federal Communications Commission in a recent report, Report on Robocalls, CG Docket No. 17-59, A Report of the Consumer and Governmental Affairs Bureau, Federal Communications Commission
On March 29, in Marshall v. Verde Energy USA, Inc., Judge John Vazquez of the United States District Court for the District of New Jersey dismissed a plaintiff’s putative class action lawsuit against Verde Energy, finding, in part, that the plaintiff failed to state a claim under the New Jersey Consumer Fraud Act (“CFA”). Marshall
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
The West Virginia Supreme Court ruled against a debt collector in LTD Financial Services, L.P. v. Collins, affirming the lower court’s order granting the plaintiff’s motion for a directed verdict. Specifically, the Court ruled that the plaintiff was not required to prove intent as part of his affirmative claim and LTD Financial Services did
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 29, the Consumer Financial Protection Bureau released a snapshot report of consumer complaints to provide a high-level overview of the trends in complaints it has received over the past 24 months. The report is split into two sections – a summary of the volume of all consumer complaints received by the CFPB
On January 25, Consumer Financial Protection Bureau Director Kathleen L. Kraninger announced senior leadership changes within the Bureau, appointing five new members to the CFPB leadership team. Kraninger, a recent appointee by President Donald Trump, previously served in the White House Office of Management and Budget in the Trump Administration. The following individuals will join
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
In a third-party complaint captioned as Avery Patrick v. Wells Fargo Bank, N.A., 2018 WL 6613737, Docket No. A-2270-17T3 (App. Div. Dec. 18, 2018), a residential mortgage loan borrower, Avery Patrick, appealed an order of summary judgment rendered by the Superior Court, Middlesex County, Law Division, dismissing his common law tort claim for trespass