In the wake of an alleged data breach, First Choice Federal Credit Union filed a class action lawsuit against The Wendy’s Company in Pennsylvania federal court on April 25. Wendy’s has already been hit with a consumer class action filed in February in Florida federal court based on the same event. Now First Choice seeks
Ninth Circuit Rejects Post-Campbell-Ewald Attempt to Moot Class Claims by Depositing Unaccepted Funds into Escrow Account
In Chen v. Allstate Insurance Co., the Ninth Circuit became one of the first courts to address a significant question left open by the Supreme Court’s recent decision in Campbell-Ewald. Specifically, the Ninth Circuit considered whether a defendant could moot a plaintiff’s class claims by making an offer of judgment for complete relief,
FCC Releases Proposed Rule Requiring Internet Service Providers to Comply with New Privacy Obligations
On April 1, the Federal Communications Commission issued a notice of proposed rulemaking (“NPRM”) that would require Internet service providers (“ISPs”) to clearly disclose how customer data is being used, take reasonable steps to protect that information, and notify affected customers within 10 days of discovering a data breach. The NPRM — formally approved by
Continuing Impact of Campbell Ewald v. Gomez: Does Payment of Plaintiff’s Claim End Lawsuits?
In Leyse v. LifeTime Entertainment Services LLC, the district court for the Southern District of New York recently granted a defendant’s motion to enter judgment on behalf of the plaintiff upon tender to the Clerk of Court of all offered monetary damages and costs.
Plaintiff Mark Leyse brought a putative class action suit against
California Federal Court Joins Others in Staying Putative FCRA Class Action Pending Spokeo Decision
Judge Beth Labson Freeman for the United States District Court for the Northern District of California recently joined numerous other courts across the country in staying a putative FCRA class action pending the outcome of the Supreme Court’s decision in Spokeo Inc. v. Robins.
The underlying action in the California court challenged the defendant’s
FCRA Class Action Against Dave & Buster’s Voluntarily Dismissed
A proposed class action against Dave & Buster’s Inc., accusing the restaurant and entertainment chain of violating the Fair Credit Reporting Act by using background checks to make adverse employment decisions without sharing the results with employees or applicants, was dismissed with prejudice after the parties submitted a joint stipulation for dismissal. The suit was
Join Us for the American Conference Institute’s 25th National Forum on Consumer Finance Class Action & Litigation
Join Troutman Sanders partner Chad Fuller for the American Conference Institute’s 25th National Forum on Consumer Finance Class Action & Litigation at the Omni Los Angeles Hotel at California Plaza on April 7-8.
The American Conference Institute has assembled an unparalleled faculty of federal and state regulatory and enforcement officials, senior in-house counsel, renowned
District Court Gives TCPA Amendment Retroactive Effect, Benefiting Debt Collectors
In 2015, Congress amended the Telephone Consumer Protection Act to create an exemption to the statute’s autodialer restrictions for calls made solely to collect a debt owed to or guaranteed by the United States. On March 31, the United States District Court for the Northern District of California gave this amendment retroactive effect, to the
Supreme Court Declines Review of “Ascertainability” Issues
On February 29, the Supreme Court denied certiorari review in Mullins v. Direct Digital, LLC, No. 15-1776. The Mullins decision, which arose out of the Seventh Circuit, created a circuit split with the Eleventh and Third circuits with respect to the implicit “ascertainability” requirement that those two circuits had found precluded class certification.
Join Us at Practising Law Institute’s 21st Annual Consumer Financial Services Institute
We are proud to announce that Troutman Sanders partner David Anthony will be a featured speaker at the Practising Law Institute’s 21st Annual Consumer Financial Services Institute at the Practising Law Institute (PLI) Center in New York City on April 4-5.
In its 21st year, the Institute will focus on a broad array