On August 6, the Seventh Circuit Court of Appeals ruled that a defendant’s offer of full relief does not render a plaintiff’s claims moot. The case, Chapman v. First Index, Inc. (No. 14-2773, 2015 U.S. App. LEXIS 13767 (7th Cir. 2015)), was a junk fax case brought pursuant to the Telephone Consumer Protection Act
FACTA Class Action Filed Against Miami-Dade County and Its Software Provider
On August 7, a putative class action was filed in the U.S. District Court for the Southern District of Florida by plaintiff Nataly Cano Lopez against Miami-Dade County for allegedly printing more than the allowed number of credit card digits on traffic ticket receipts. The complaint alleges that Miami-Dade and its software provider printed more
Eleventh Circuit Holds That Class Action Tolling Not Available for Subsequent Class Actions Even When First Case is Dismissed for Reasons Specific to Prior Named Plaintiff
On August 3, the Eleventh Circuit held in Ewing Industries Corporation v. Bob Wines Nursery, Inc., et al., that a proposed class action accusing a Florida nursery of sending unsolicited faxes did not suspend the statute of limitations for a later-filed proposed class action challenging that same conduct, despite the fact that the
Putative FACTA Class Action Moves Forward Against J. Crew
On August 4, a New Jersey federal judge denied a motion to dismiss a putative class action against J. Crew Group involving allegations of Fair and Accurate Credit Transactions Act violations for printing more than the last five digits of consumers’ credit card numbers on sales receipts. The named plaintiff alleged that J. Crew violated
11th Circ. Strikes Back At Untimely ‘Piggyback’ Class Actions
Suppose that you have been successful in defeating a proposed class action. The glow of success begins to fade, however, when your client is hit with another putative class action by a member of the first class. Worse yet, that second class claim looks like one that should be barred by the statute of limitations,
Federal Indictments Issued for Individuals Skimming Michaels Credit Cards
On July 30, federal prosecutors in New Jersey filed criminal indictments against two California residents for stealing credit and debit card information from over 90,000 Michaels Stores locations in 19 states. According to the indictments, the individuals skimmed the customers’ card account information for purposes of generating counterfeit bank cards and withdrawing cash from the
California Supreme Court Upholds Validity of Standard Auto Sale Arbitration Clause
On August 3, to the relief of car dealerships and auto finance companies, the California Supreme Court upheld a standard arbitration clause from an automotive purchase agreement by a 6-1 majority decision in Sanchez v. Valencia Holding Co., LLC, which reversed both the trial court and Court of Appeal’s rulings invalidating the entire arbitration
District Courts in New York Reject FDCPA Claims Based on Account Numbers Appearing on Envelope
Over the past two weeks, two separate federal district courts in New York held that having a consumer’s account number visible on the outside of an envelope containing letters from debt collection agencies does not, by itself, violate the FDCPA. In these cases, both Judge Colleen McMahon and Judge John Curtin, of the Southern
Missouri Federal Court Finds FDCPA’s Limitations Period is Jurisdictional and Rejects Credit Reporting Claims Against Debt Collector
On July 14, the U.S. District Court for the Eastern District of Missouri granted United Collection Bureau’s motion for summary judgment in an individual action brought under the Fair Debt Collection Practices Act. Troutman Sanders served as counsel for UCB in this matter. See Martin v. United Collection Bureau, Inc., No. 4:14cv804-JAR, 2015 U.S.
Hanna Seeks Interlocutory Appeal in Lawsuit Filed by CFPB
As previously reported, a federal judge in Atlanta denied a law firm’s motion to dismiss a claim against it filed by the Consumer Financial Protection Bureau for violations of the Fair Debt Collection Practices Act and the Consumer Financial Protection Act or the Dodd-Frank Act. On July 27, Frederick J. Hanna & Associates filed