Class Actions

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In Lee v. Dollar Thrifty Auto. Group, Inc., the plaintiffs brought a class action lawsuit alleging multiple violations of the employment background check provisions of the Fair Credit Reporting Act (“FCRA”).  Specifically, the plaintiffs claimed that the defendants failed to provide them with disclosures properly informing them that a background check would be …

Penn National Gaming has been hit with a class action alleging violations of the Fair Credit Reporting Act’s requirement that an employer’s disclosure to a job applicant that a background check is being obtained be made in a document consisting “solely” of the disclosure.

According to the complaint filed in the Philadelphia County Court of…

In Robrinzine v. Big Lots Stores, Inc., the plaintiff brought what has become a familiar class action claim against employers under the Fair Credit Reporting Act (“FCRA”).  According to the complaint, when Robrinzine applied for employment with Big Lots, she received a disclosure form informing her that a background check would be procured.  She …

Plaintiffs rush to the courthouse to be first in line to pursue lawsuits after notice of a breach is made.  The latest example involves Wendy’s, where a plaintiff alleged that “Wendy’s approach at maintaining the privacy of Plaintiff’s and Class members’ [personally identifiable information (PII)] was lackadaisical, cavalier, reckless, or at the …

The Fifth Circuit recently adopted a presumption in favor of retaining federal jurisdiction under the Class Action Fairness Act (“CAFA”) and placing the burden squarely on plaintiffs who seek to remand a case based on one of CAFA’s limited exceptions.  Specifically, the Court held that “[i]f the applicability of an exception …

On February 2, the Fourth Circuit held that an arbitration agreement “may not flatly and categorically renounce the authority of the federal statutes to which it is and must remain subject.”  Because the arbitration agreement at issue sought to “avoid state and federal law and to game the entire system,” the three-judge panel concluded that …

On January 15, 2016, the Fourth Circuit issued a published decision affirming summary judgment to the defendant national bank on plaintiff’s unconscionable contract claim under WVCCPA 46A-2-121. Plaintiff relied on a retroactive appraisal in an attempt to prove the loan was “predatory” because “the loan amount was in excess of the property value.”

The ruling…

On January 21, U.S. District Judge Jorge L. Alonso dismissed a lawsuit against Facebook for lack of personal jurisdiction, holding that Facebook did not target its alleged biometric collection activities at Illinois residents.  Judge Alonso did not grant plaintiff Frederick Gullen leave to amend. 

The class action complaint, which was filed last August, …

A federal judge in the Southern District of New York halted another Fair Credit Reporting Act class action case in light of the Supreme Court’s upcoming ruling in Spokeo v. Robins.  In Ernst v. DISH Network, U.S. District Judge Lorna G. Schofield stayed a class action case brought by Dish Network LLC contract technicians alleging…

The Bose Corporation has been sued on a class action basis for its alleged illegal practice of requesting and recording customers’ personal information in its California retail stores. 

In December 2015, plaintiff Patrick Keegan was shopping at a Bose retail store in California where he purchased merchandise and paid using his credit card.  Keegan …