Class Actions

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As we previously reported, the named plaintiff in Paci v. Costco Wholesale Corporation filed a Fair Credit Reporting Act putative class action against Costco alleging that the retailer’s receipts contained more digits of the payment card’s account number than is permitted under the Act. 

The parties recently filed cross-motions for summary judgment.  Costco argued …

In Joseph v. TrueBlue, Inc., the named plaintiff brought a Telephone Consumer Protection Act (TCPA) class action against the workforce staffing company for its alleged text messaging advertisements.  TrueBlue recently agreed to a $5 million settlement to end the case. 

According to the amended class action complaint, TrueBlue sent text message “Job Alert” advertisements …

In the wake of the Supreme Court’s decision in Spokeo, Inc. v. Robins, courts and litigants alike have been trying to determine the contours of constitutional standing when it comes to procedural violations of consumer protection statutes.  This past week, the District Court for the Central District of California weighed in, finding in favor …

On November 17, the named plaintiff in Toney v. Quality Resources, Inc., et al. asked an Illinois federal court for final approval of a Telephone Consumer Protection Act (TCPA) class action settlement agreement.  

As background, in December 2012, Sarah Toney ordered three pairs of children’s slippers online from a website operated by Stompeez.  The website …

The United States District Court for the Southern District of Alabama recently granted final approval of a class action settlement against Boyd Biloxi LLC, alleging that Biloxi sent telemarketing messages that violated the Telephone Consumer Protection Act. 

The class action Complaint was originally filed on July 16, 2014.  The named plaintiff alleged that Biloxi …

On November 9, the United States District Court for the Northern District of Illinois granted final approval of a $49.9 million Telephone Consumer Protection Act class action settlement against US Coachways, Inc. 

The original Complaint was filed against US Coachways on July 29, 2014, alleging that the motor coach leasing company sent out thousands of …

A class of consumers in multidistrict litigation (MDL) recently filed their Motion for Final Approval of a Telephone Consumer Protection Act class action settlement against a debt collection company, Convergent Outsourcing Inc. (“Convergent”).

Between October 2012 and June 2013, the named plaintiffs initiated separate putative class actions throughout the country alleging that Convergent violated the…

In a motion filed in a putative class action pending in California, Facebook, Inc. seeks to dismiss claims under the Telephone Consumer Protection Act, arguing, among other things, that the TCPA as applied to Facebook’s “status update” text messages is unconstitutional.  The plaintiff in Holt v. Facebook, Inc., No. 3:16-cv-02266-JST (N.D. Cal.),…

Last week, a district court in the Northern District of California denied TransUnion LLC’s motion to decertify a Fair Credit Reporting Act class action that was certified prior to the Supreme Court’s 2016 Spokeo ruling.  The class action case accused TransUnion of including inaccurate information on its consumer reports as well as failing to comply …

Data Privacy Professionals:

Navigating the rapidly shifting contours of data privacy law demands a pragmatic approach. To that end, we hope you benefited from our inaugural publication. Like our prior editions, this quarterly update provides practitioners with functional issue-spotting guidance for application in the evolving data privacy and cybersecurity arenas. The results and analyses discussed…