In In Touch Concepts, Inc. d/b/a ZCOM v. Cellco Partnership, the Second Circuit joined the Seventh Circuit in holding that a federal court retains subject matter jurisdiction over a case that had previously been removed to federal court under the Class Action Fairness Act (“CAFA”), even after the plaintiff amended the complaint to remove
Class Actions
Recent FCRA Lawsuit Demonstrates Growing Trend of Class Actions Challenging Employment Background Screening Disclosure Forms
A putative nationwide class action was recently filed under the Fair Credit Reporting Act against Dollar Tree Stores Inc. The lawsuit was filed in federal district court in Florida.
The complaint alleges that Dollar Tree failed to properly disclose in a separate document that it was going to obtain employees’ consumer reports for hiring purposes…
New Jersey Court Finds Ascertainability Not Required to Certify Class
In a matter of first impression, a New Jersey appellate court found that whether a class is ascertainable – a factor that is commonly analyzed in federal court – played no role in its consideration of a “low-value” consumer class action. In Daniels v. Hollister Co., the court determined that ascertainability is not …
The Good, the Bad, and the Unclear: FCC Proposal Foreshadows Major News Under TCPA for Financial Services Companies
A growing avalanche of lawsuits under the Telephone Consumer Protection Act spurred industry groups and businesses, particularly financial services companies, to file more than 20 petitions with the Federal Communications Commission seeking clarifications and interpretations of the TCPA’s requirements. An announcement by FCC Chairman Tom Wheeler indicates that the Commissioners will be acting on the…
Supreme Court Grants Petition to Potentially Decide Whether a Rule 68 Offer of Judgment for Complete Relief Moots Potential Class Claims
The U.S. Supreme Court agreed on May 18 to hear an appeal from the U.S. Navy’s advertising partner challenging the Ninth Circuit’s remand of a potential class action over allegedly unsolicited text messages, potentially resolving the issue of whether a putative class claim is mooted by an offer of complete relief under Rule 68 of…
Second Circuit Rules That Unaccepted Offer of Judgment Does Not End Case
In the wake of the U.S. Supreme Court’s May 18 announcement that it may decide whether a Rule 68 offer of judgment for complete relief moots potential class claims, the Second Circuit issued an amended ruling on May 21 that partially answered that question in the negative, further compounding a split among the federal circuit …
District Court Denies Defendant’s Bid to Stay Class Action Proceedings Pending Supreme Court’s Spokeo Decision
A district court in Florida quickly denied a motion by Whole Foods Market Group Inc. to stay a proposed class action under the Fair Credit Reporting Act until the Supreme Court rules on the pending matter in Spokeo, Inc. v. Robins, which addresses issues of claimed statutory violations. Whole Foods argued that the proposed …
The Seventh Circuit Refuses to Reconsider Its Ruling that Mortgage Servicers Must Credit Electronic Payments before Funds Are Received
The Seventh Circuit has refused to reconsider its troublesome ruling that mortgage servicers violate the Federal Truth in Lending Act (TILA) if they do not credit electronic payments the day they are made even though the funds are not received until several days later.
The TILA requires that payments be posted as of the “date…
Supreme Court Grants Certiorari In Spokeo Case – Set To Address Article III Standing In Cases With No Concrete Harm
Posted in All Entries, Class Actions
On April 27, 2015, the United States Supreme Court granted certiorari in Spokeo Inc. v. Robins, a case which could have wide-ranging implications for lawsuits, including class actions, against businesses under a number of consumer protection statutes.
In a case that the Supreme Court will hear and decide in its next term, the Court will…
Court Approves Use of Social Media to Contact Potential Class Members Whose Mailing Addresses are Otherwise Unknown
A New York federal judge on April 17 approved a group of former Gawker Media LLC interns’ proposed revised plan to notify potential class members of their rights to opt out of a proposed collective action alleging unpaid wages through social media. The same Court had previously rejected a social media campaign as being overbroad…