In Ewing v. Encore Solar, LLC, No. 3:18-cv-02247 (S.D. Cal. January 22, 2019), plaintiff Anton Ewing filed a suit against defendants Encore Solar, LLC; Sunrun, Inc. (“Sunrun”); Bargain Electricity, Inc. (“Bargain Electricity”); and individual employees of Encor and Bargain Electricity for violation of the Telephone Consumer Protection Act. Ewing alleged that all defendants were liable
Stacy Hovan
Data Privacy: The Current Legal Landscape 2018 Reviewed
Over the last few years, an increased focus continues on the right to privacy and the debate on how to best implement privacy tools that are balanced with business and technological innovation. In the United States, the debate to adopt policies like those in the European Union has recently intensified as consumer advocates view data…
Northern District of California Issues Guidance to Increase Scrutiny of Class Action Settlements
On November 1, the Northern District of California announced new Procedural Guidance for Class Action Settlements, aimed at increasing transparency in class settlements and the disbursement of class settlement funds. The Guidance is consistent with, but broader than, the latest amendments to Rule 23 of the Federal Rules of Civil Procedure, effective December 1,…
In 7th Circuit, Availability of Class Arbitration Is for District Court—Not Arbitrator—to Decide
In a decision that reversed a $10 million “collective action” arbitration award, the Seventh Circuit Court of Appeals held that whether class or collective arbitration is authorized by an arbitration agreement is a “gateway” decision to be made by the district court, not the arbitrator. The case is Herrington v. Waterstone Mortgage Corp., No.…
Data Privacy: The Current Legal Landscape
In the last few years, the right to privacy debate in the United States has increased in pace and volume. One issue at the center of this long debate is how best to implement the right privacy tools in a manner that does not disrupt business and technological innovation. The current criticisms fail to appreciate…