Monitoring the financial services industry to help companies navigate through regulatory compliance, enforcement, and litigation issues
The Eleventh Circuit recently released an unpublished decision regarding its opinion on the impact of Spokeo on a Fair Debt Collection Practices Act putative class action, finding that the named plaintiff satisfied Article III standing requirement.
In Church v. Accretive Health, Inc., the defendant sent the named plaintiff a letter advising her that she…
The United States District Court for the Northern District of California entered an order on August 9, approving a $2.4 million settlement between Social Finance Inc. (“SoFi”) and a class of nearly 11,000 consumers for alleged violations of the Fair Credit Reporting Act.
In Heaton v. Social Finance Inc., the named plaintiffs alleged that …
On August 1, a New Jersey federal judge issued a one-page order dismissing a Telephone Consumer Protection Act class action based on the Supreme Court’s recent ruling in Spokeo, Inc. v. Robins.
In Susinno v. Work Out World, Inc., Plaintiff Noreen Susinno had a prior gym membership with Work Out World (“WOW”). According …
The Court of Appeals for the District of Columbia shot down a putative class action brought against Urban Outfitters, Inc., and Anthropologie, Inc., which had alleged that the companies violated D.C. consumer protection statutes by collecting customer ZIP code information during in-store checkout. The July 26 ruling remanded the suit for dismissal, and held that …
On July 26, a Northern District of California judge certified a class of applicants who claimed that S2Verify, a background check company, included obsolete criminal information on their background reports in violation of the Fair Credit Reporting Act. In certifying the class, the Court found that the alleged harm was sufficient under the U.S. Supreme …
In Long v. Southeastern Pennsylvania Transportation, the named plaintiffs applied for positions as bus operators with the Southeastern Pennsylvania Transportation Authority (“SEPTA”). SEPTA allegedly extended each of the plaintiffs a conditional offer of employment, which was contingent upon a background check. In each instance, the plaintiffs disclosed the existence of a drug conviction to …
On May 16, the Supreme Court in Spokeo, Inc. v. Robins found that the Ninth Circuit had not adequately addressed whether the named plaintiff had sufficiently alleged a “concrete” injury in connection with his putative FCRA class action against Spokeo, Inc. In Spokeo, the plaintiff (Robins) sued the “people search engine” for alleged violations of …
As we previously reported, Plaintiff Jonathan Torres filed a putative class action against Wendy’s in the wake of a data breach that the fast-food company suffered earlier this year. Wendy’s subsequently filed a motion to dismiss Torres’ complaint, which the U.S. District Court for the Middle District of Florida granted on July 15.
In …
On July 7, the U.S. District Court for the Eastern District of New York granted a debt collector’s motion to dismiss a plaintiff’s claims brought on a class basis under the Fair Debt Collection Practices Act (“FDCPA”).
The case arose out of a debt collection letter that …
On July 1, the U.S. District Court for the Southern District of California granted plaintiffs’ motion for preliminary approval of a $4.5 million class action settlement in a Telephone Consumer Protection Act case.
According to the complaint in Sanders v. RBS Citizens, N.A. filed in 2013, the plaintiffs alleged that they received …
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