Search Results: Class Actions

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…

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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…

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CFPB Finds Arbitration Agreements Limit Consumer Redress

On March 10, 2015, the Consumer Financial Protection Bureau (CFPB) released its Arbitration Study, which concludes that arbitration agreements in contracts associated with consumer financial products constrain consumers’ ability to assert their rights if a dispute arises.  The study, which the CFPB was directed to carry out under Section 1028(a)…

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Ninth Circuit Ruling on Customer Agreements Affects Ability to Arbitrate TCPA and FDCPA Claims

On November 10, 2014, the Ninth Circuit reversed a district court’s order dismissing and directing to arbitration a putative nationwide class action alleging Telephone Consumer Protection Act (TCPA) violations, finding that the Customer Agreement containing the arbitration clause was unenforceable for lack of mutual assent.  Knutson v. Sirius XM Radio…

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IN FAIRNESS TO ALL: Complying With FCRA Disclosure Requirements When Evaluating And Hiring ...

Employers use a number of tools to assess any potential hire, and to evaluate existing employees.  When using a credit report for these purposes, employers need to be wary of the Fair Credit Reporting Act’s (“FCRA”) (15 U.S.C. 1681 et seq.) provisions.  The FCRA has strict procedures, requiring that employers…

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Mortgage Industry Wins Significant Ruling In Ninth Circuit, Largely Ending Consolidated MERS Cases

Lenders scored a victory in the Ninth Circuit on June 12, 2014, with the court largely affirming dismissal of claims by plaintiffs in multidistrict litigation challenging the lending industry’s use of Mortgage Electronic Registration Systems, Inc. (MERS). The appeal stemmed from dozens of putative class actions and individual borrower cases…

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"If I go there will be trouble, and if I stay it will be double": Second Circuit Provides ...

Move to federal court or stay in state court—an essential strategic question for defendants of state-court-filed class actions.  Pace of litigation, applicable discovery rules, court familiarity with class actions—the right forum can make a significant difference in litigating a class action.  Although the first choice of forum belongs to the…

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