Search Results: test Class Actions

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…

Read More

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

cfpb

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…

Read More

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,…

Read More

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…

Read More

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…

Read More

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…

Read More

Supreme Court Again Confirms That Class Action Arbitration Waivers Are Valid, Even In California

Facing yet another issue involving the arbitration of consumer disputes, the United States Supreme Court on December 14, 2015 held that a class action waiver clause was valid even when the contract incorporated state law standards that would have voided the waiver. The decision continued the Court’s trend toward enforcement…

Read More

Anticipating Decisions In Three Supreme Court Cases With Potential To Impact Class Action Litigation

The US Supreme Court’s October 2015 term includes three cases that may have important implications for class action litigation: Spokeo Inc. v. Robins et al., 13-1339, Campbell-Ewald Co. v. Gomez, 14-857, and Tyson Foods, Inc. v. Bouaphakeo, 14-1146.   In each case, the Court will consider a procedural question whose answer…

Read More

Recent Class Actions Challenge Property Inspection Charges

From origination through final payoff, plaintiffs’ counsel look for claims in just about every aspect of the relationship between borrowers and their mortgage lenders.  Recently, scrutiny has turned to property inspections carried out during default servicing.  Plaintiffs’ lawyers have filed several class-action suits alleging that inspection fees violate mortgage terms, state…

Read More

Class Action Scrutiny Of New York Loan Satisfactions Increases

**EDITOR’S NOTE:  This post was guest-authored by Goodwin Procter partner Joe Yenouskas and associate Alyssa Sussman.  Both are members of Goodwin Procter’s Consumer Financial Services Litigation Group.** A series of putative class actions have been filed recently in New York federal courts by borrowers alleging that their mortgage satisfactions were not timely…

Read More

8th Circuit Revives Dismissed TCPA Action

On June 8, 2015, the 8th Circuit reversed the Eastern District of Missouri and revived class claims in Golan et al. v. Veritas Entertainment, LLC et al.  In Golan, the plaintiff alleged that the defendants—producers of the movie, “Last Ounce of Courage”—robo-called consumers to promote the film in violation of…

Read More

Supreme Court Will Address Use Of Statistical Sampling and Whether A Class Can Be Certified If It Contains Members Who Are Not Injured

Last week, the United States Supreme Court granted cert in Bouaphakeo v. Tyson Foods, Inc., a Fair Labor Standards Act (“FLSA”) case with potentially wide reaching implications in federal class actions.  In Bouaphakeo, plaintiffs alleged that they were entitled to overtime for time spent putting on (“donning”) and taking off…

Read More