On March 11, the U.S. District Court for the Central District of California approved a settlement stipulation between the parties in the long-running Fair Credit Reporting Act litigation involving Spokeo, Inc.  See Thomas Robins v. Spokeo, Inc., Case No. 2:10-cv-05306 (C.D. Cal.).  The settlement brings an end to the dispute that led to the

On February 26, the Northern District of California held in Banneck v. Federal National Mortgage Association that the defendant, commonly referred to as “Fannie Mae,” was not a consumer reporting agency, or “CRA,” as defined in the Fair Credit Reporting Act, granting summary judgment in a putative nationwide class action.  The lawsuit had alleged violations

On February 26, the Supreme Court held in a unanimous decision that the deadline to seek permission for an interlocutory appeal of a decision granting or denying class certification cannot be extended through equitable tolling.  Rule 23(f) of the Federal Rules of Civil Procedure allows for an interlocutory appeal of class certification orders, but

Requiring an employee or consumer to submit any dispute to binding arbitration as a condition of employment or purchase of a product or service is commonly referred to as “forced arbitration.”  Many times, the employee or consumer is required to waive their right to sue or to participate in a class action lawsuit.  Critics argue

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

The Supreme Court agreed to hear a consumer’s appeal from the Third Circuit’s ruling that his claims under the Fair Debt Collection Practices Act were time-barred despite being brought within one year of discovering the violation.  The circuits have been split on whether the one-year statute of limitations under the FDCPA begins to run when

A federal court in Pennsylvania recently awarded summary judgment in favor of a consumer who brought a suit under the Fair Debt Collection Practices Act against a collection agency. The plaintiff alleged, and the Court agreed, that the collection letter misleadingly indicated that a dispute could be made by phone, despite the letter’s inclusion of

On February 7, 2019, AllianceOne Receivables Management, Inc. (“AllianceOne”), a debt collector, agreed to pay $2.2 million to settle a nationwide class action alleging violations of the Fair Credit Reporting Act (“FCRA”) for obtaining consumer reports on individuals with outstanding parking tickets without a permissible purpose.

The parties moved to approve the settlement after more

The Eighth Circuit recently provided a reminder that district courts must ensure Article III standing, including case and controversy requirements, exists throughout a case and not just when the complaint is filed. In Schumacher v. SC Data Ctr., Inc., No. 17-3112, 2019 U.S. App. LEXIS 505 (8th Cir. Jan. 8, 2019), the three