The Northern District of California recently granted a motion to compel arbitration in a putative class action brought under the Telephone Consumer Protection Act. In doing do, it enforced an arbitration provision that had been provided to the plaintiff by way of a hyperlink in an e-mail confirming her purchase of a subscription to an
On June 12, a Northern District of Illinois judge ordered loan servicer and debt collector Real Time Resolutions, Inc. to distribute $261,815.82 in unclaimed funds to class members, rather than donating the funds to charity as a cy pres award. In doing so, the Court settled a dispute between the parties as to the proper
Last fall, Troutman Sanders reported that the Federal Communications Commission released its final report and order creating a reassigned numbers database to block robocalls. The FCC has now issued formalized policies to allow carriers to block calls by default using “reasonable analytics.”
The final version of the ruling is largely unchanged from the proposed version.
In a closely watched case, the Ninth Circuit issued an 8-3 en banc decision reinstating a $210 million multidistrict class action settlement involving the fuel efficiency of Hyundai and Kia vehicles on June 6, 2019.
Through its decision, the Court overturned a previous panel decision from January 2018 that held that courts must weigh individual
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
In Powell v. YouFit Health Clubs, LLC, the Southern District of Florida denied class certification on the basis that the named plaintiff was not typical of the class she sought to represent.
Traci Powell brought a Telephone Consumer Protection Act class action against YouFit Health Clubs, claiming that the company had improperly sent
Telephone Consumer Protection Act claim defendants and fans of civil procedure have cause to celebrate as another district court limits the scope of potential class members against out-of-state defendants.
On May 10, the District Court for the Northern District of Illinois struck non-residents of Illinois from a putative class in a
Fresh off the heels of an in-depth report detailing Arizona Attorney General Mark Brnovich’s leadership and consistent scrutiny of class action settlements, the Department of Justice and twelve state attorneys general, led by Arizona, independently filed objections to a proposed nationwide class action settlement between consumers and Dial. The class settlement focused on misleading advertisements
A fight over a receipt for chocolate could end up in the Supreme Court. The Eleventh Circuit affirmed a $6.3 million settlement between Godiva Chocolatier, Inc. and a class of plaintiffs who alleged that Godiva violated the Fair and Accurate Credit Transactions Act by printing too many digits of the plaintiffs’ credit cards on their
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