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
Federal Courts in New York and Georgia Grant FTC’s Request to Stop Several Debt Collectors from Engaging in Certain Collection Activities
Federal courts in New York and Georgia have granted the Federal Trade Commission’s request to temporarily stop certain debt collection practices that the FTC alleges violate federal law. Specifically, the FTC alleges that the unlawful and scandalous activity includes threatening and deceiving consumers through text messages, emails, and certain types of phone calls.
On May
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
FTD and Classmates.com Agree to Pay $11 Million to Settle Multistate AG Unfair Trade Practices Investigation
Attorneys general from twenty-two states today announced that Classmates, Inc. which runs the website classmates.com, and Florists Transworld Delivery, Inc. and FTD.com, Inc. (collectively, “FTD”) have agreed to settle allegations that the companies were involved in misleading, unfair, and deceptive trade practices. Although FTD and Classmates did not admit to wrongdoing, they agreed to pay
House Subcommittee Holds Hearing on Several FCC Reforms
On May 20, the House Subcommittee on Communications and Technology met in an open markup session to consider several proposed bills to reform the rulemaking process at the Federal Communications Commission. Specifically, Subcommittee members offered numerous bills targeting what they referred to in a published memo as a “variety of process failures” at the FCC.
Ohio Attorney General Files Lawsuit Against Debt Collectors
On May 19, Ohio Attorney General Mike DeWine announced the filing of a lawsuit against the alleged operators of a fictitious debt collection enterprise that threatened and harassed consumers, many of whom were not actual debtors.
The Attorney General’s lawsuit, filed in Cuyahoga Common Pleas Court, names Mohan Bagga of Duluth, Georgia; Marcus Brown of
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
Three National Consumer Reporting Agencies and Thirty-One State Attorneys General Strike Deal
On May 20, the three national consumer reporting agencies (CRAs) – Equifax Information Services LLC, Experian Information Solutions Inc., and TransUnion LLC – inked a deal with thirty-one state attorneys general to end an investigation initiated in 2012 by the Ohio Attorney General’s office.
Under the multistate settlement, which is in the form 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
D.C. Circuit Holds that Credit Card Information Obtained by DHS During Investigation Constitutes Consumer Report
In Abdelfattah v. DHS, the D.C. Circuit held that credit information obtained by the Department of Homeland Security on a person of interest can constitute a consumer report under the Fair Credit Reporting Act. Because DHS did not have a permissible purpose to obtain the information, it may be liable for an FCRA violation.