Class Actions

Federal Judge Dismisses Claims In Nationwide Default Servicing Class Action

On March 30, 2017, Judge Karas of the Southern District of New York dismissed multiple claims in a putative nationwide class action challenging default servicing activities.  In the case, Tardibuono-Quigley v. HSBC Mortgage Corp., the plaintiff sued her lender (HSBC) and mortgage servicer (PHH) to contest charges she claimed were wrongly…

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DACA-Protected Plaintiff Files Class Action Alleging Lending Discrimination Based on Citizenship Status

On January 31, 2017, Mitzie Perez—a former undocumented immigrant who is authorized to work in the United States under the Deferred Action for Childhood Arrivals (“DACA”) policy—filed a class action in the Northern District of California, Perez et al. v. Wells Fargo & Co. et al., No. 17-454 (N.D. Cal….

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Ninth Circuit Adopts Broad Interpretation of Spokeo and Article III Standing Requirement

On Monday, January 30, 2017, the Court of Appeals for the Ninth Circuit held in Van Patten v. Vertical Fitness Group, LLC, No. 14-55980, that the plaintiff’s allegation that he received unsolicited text messages in violation of the Telephone Consumer Protection Act (TCPA) satisfied the “concrete injury” standing requirement as articulated…

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Second Circuit Finds No Standing, Affirms Summary Judgment on TILA Claims

On November 23, 2016, the Second Circuit issued its opinion in Strubel v. Comenity Bank, a putative Truth in Lending Act (TILA) class action with both standing and substantive TILA implications.  In Strubel, the plaintiff challenged the disclosures Comenity provided in connection with a retail store credit card.  The opinion summarizes the plaintiff’s…

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Hefferon to Co-Chair ACI's 26th National Consumer Finance: Class Actions & Litigation Forum in Chicago

Goodwin Procter partner Thomas Hefferon will serve as co-chair of the July 28-29, 2016 conference, and will speak on a panel titled “Fair Lending: Managing and Defending Against Claims of Discriminatory, Predatory, and Abusive Lending and Assessing the Status of ‘Disparate Impact’ in Lending Litigation and Enforcement” on July 29, 2015.

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Divided Supreme Court Vacates Ninth Circuit Decision in Spokeo, Remands for Further Proceedings

Today, the Supreme Court released its opinion in Spokeo v. Robins, vacating the Ninth Circuit’s decision and remanding the case for further proceedings.  Our earlier posts on the case (here, here, and here) provide more detailed background on the facts of the case, but by way of short introduction, Spokeo…

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Yenouskas To Give Strafford CLE Webinar On Defending Consumer Finance Class Actions

Joe Yenouskas, a partner in Goodwin Procter’s Consumer Financial Services Litigation Group, will speak on a June 2, 2016 webinar about consumer finance class actions. His presentation will examine recent developments and trends in class action claims alleging violations of federal consumer protection laws governing the financial services industry, including…

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Consumer Financial Protection Bureau Proposes Rules Prohibiting Class-Action Waivers in Arbitration Agreements

On May 5, 2016, the Consumer Financial Protection Bureau issued long-expected proposed rules that will drastically limit the use of pre-dispute arbitration clauses in contracts for consumer financial products and services. First, the proposed rules would prohibit pre-dispute arbitration agreements that bar consumers from filing or participating in a class…

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Arbitration Clauses Cannot be Used as a Vehicle to Evade Liability Under Federal Consumer Protection Statutes

On March 1, 2016, the Fourth Circuit refused to re-hear a February 2, 2016, decision in Hayes v. Delbert Services Corporation (Docket No. 15-1170).  In that decision, the Fourth Circuit reversed an Eastern District of Virginia’s decision upholding an arbitration clause on the ground that the clause was, in actuality,…

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Spokeo Scenarios: With Scalia's death, Additional Possibilities Cloud Resolution of the Standing Question

As an ongoing update to our coverage of the Spokeo case, today we look at what could happen in the case where, with Justice Scalia’s recent death coming after oral argument but before an opinion was issued, the court’s new composition has created some ambiguity regarding the outcome.  Given that there is an eight person…

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Update Campbell-Ewald: SCOTUS Rules Against Defendant’s Ability to Moot Cases with Settlement Offers, But Provides a Roadmap for the Future

We have an update on Campbell-Ewald, one of the Supreme Court cases we were monitoring last fall.  While, contrary to our prediction, the majority decision in Campbell-Ewald, 577 U.S. ___ (2016) appears to deal a blow to companies seeking a mechanism to settle class actions effectively by offering complete relief to…

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Permut to Speak at ACI’s 19th National Forum on Residential Mortgage Litigation & Regulatory Enforcement in San Francisco – January 14-15, 2016

David Permut, a partner in Goodwin Procter’s Consumer Financial Services Litigation Practice will speak on the panel ” Focus on Class Actions: New Trends in Certification Motions; the Latest on Early Resolution and Settlement Strategy; Recent CAFA and Removal Developments; and Reviewing Campbell-Ewald v. Gomez on Rule 68, Offering Relief…

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