On October 24, the Middle District of Pennsylvania dismissed a putative class action against TD Bank USA, holding that the plaintiff’s state law claims were preempted by the Fair Credit Reporting Act. The case is Prukala v. TD Bank United States, 2016 U.S. Dist. LEXIS 146614 (M.D. Pa. October 24, 2016).
Plaintiff Michael Prukala
On October 19, the United States District Court for the District of New Mexico denied defendants’ motion to dismiss a TCPA putative class action on Spokeo grounds.
In LaVigne v. First Community Bancshares, Inc., et al., the plaintiff contends that the defendants called her on her cell phone approximately 195 to 265 times using
On October 13, Judge Christina A. Snyder of the United States District Court for the Central District of California granted summary judgment in favor of Bank of America and other defendants in a putative Fair Credit Reporting Act class action. In Robert Berrellez v. Pontoon Solutions, Inc. et al., No. 2:15-cv-01898, the plaintiff alleged
On October 12, the Sixth Circuit denied Nationwide Mutual Insurance Company’s petition for rehearing en banc on the Court’s decision to revive a putative class action stemming from a 2012 data breach.
According to the plaintiffs’ class action complaint, hackers who breached Nationwide’s computer network on October 3, 2012, stole the personal information of the
On October 12, the named plaintiff in a Fair Credit Reporting Act class action asked the Northern District of Illinois to certify her putative class against Costco Wholesale Corporation.
According to the Complaint, the plaintiff used her credit card to make a purchase at one of Costco’s stores in January 2016. By the time she
On October 12, a Pennsylvania federal court granted final approval of a $5.2 million Telephone Consumer Protection Act class action against Power Home Remodeling Group LLC.
Power Home is a home remodeling company that, according to the class action complaint, uses aggressive telemarketing and door-to-door solicitations to recruit new customers. Plaintiff alleged that Power Home
In a case with important positive implications for banks conducting federally-required background checks on job applicants and employees, in Amanda Mix v. JPMorgan Chase, No. 2:15-cv-01102-JJT, the United States District Court for the District of Arizona granted JPMorgan Chase’s summary judgment motion on Plaintiff’s background screening class action. Plaintiff claimed that Chase violated the Fair
On October 11, 2016, the District Court for the Northern District of California granted summary judgment to Safeway, Inc. in a Telephone Consumer Protection Act (TCPA) putative class action arising from the receipt of prerecorded telephone messages promoting Safeway’s flu shots.
Plaintiff first received a seasonal flu shot from Safeway in 2014. In connection with
In Practice Management Support Services v. Cirque Du Soleil, Inc., the United States District Court for the Northern District of Illinois denied the defendants’ motion for summary judgment that followed a Rule 67 motion to deposit $15,000 to moot the plaintiff’s claim for relief under the Telephone Consumer Protection Act. The plaintiff seeks, on
U.S. District Judge Cathy A. Bencivengo recently dismissed a plaintiff’s TCPA putative class claim due to lack of standing required under Article III. In Anton Ewing v. SQM US, Inc. et al., No. 3:16-cv-1609-CAB-JLB (S.D. Cal., Sept. 29, 2016), the plaintiff alleged that he received a single survey call made by SQM on Blue