On Monday, the U.S. Supreme Court issued its highly-anticipated opinion in  DirecTV, Inc. v. Imburgia et al., 577 U.S. ___ (2015), which reaffirmed its ruling in AT&T Mobility LLC v. Concepcion, 56 U.S. 333 (2011), dealing yet another blow to California Courts’ attempts to invalidate class action waivers.

Background

The plaintiffs in Imburgia

On August 26, 2015, we wrote about a decision out of the Northern District of California, Luna v. Shac, LLC, Case No. 5:14-cv-00607-HRL, 2015 WL 4941781 (N.D. Cal. Aug. 19, 2015), in which the defendant prevailed in defeating a TCPA class action using a “human intervention” based defense. Now, just two weeks later, another

A recent decision out of the Northern District of California creates new hope for TCPA defendants. In Luna v. Shac, LLC, Case No. 5:14-cv-00607-HRL, 2015 WL 4941781 (N.D. Cal. Aug. 19, 2015), defendant Shac, LLC won summary judgment by arguing that the web-based application the company used to send promotional text messages could not

imagesCAB1RIWURecently GNC Holdings, Inc. (“GNC”) was hit with a proposed nationwide class action alleging that GNC deceptively labeled its own brand of ginko biloba supplements. See Wright v. GNC Holdings, Inc., Case No. 2:15-cv-00566-WB (E.D. Penn. February 5, 2015). The complaint was filed just three days after the New York Attorney General’s office

The push to restrict collection of old debts is gaining steam.  On March 11, 2014, the Seventh Circuit reversed dismissals of two federal Fair Debt Collection Practices Act (FDCPA) claims that challenged dunning letters offering to “settle” debts that were subject to a statute of limitations defense.  Although the court made clear that it is

On January 14, 2014, the United States Supreme Court rewrote the test for general personal jurisdiction, holding that a defendant is subject to such jurisdiction only in the states where it is incorporated or has its principal place of business.  Daimler AG v. Bauman, No. 11-965, 2014 WL 113486 (U.S. Jan. 14, 2014),

Apparently, Chief Justice Roberts has added to the United States Supreme Court’s wish list: a case that would allow the Court to address the “fundamental concerns” surrounding the use of cy pres remedies in class action settlements.

What is Cy Pres?

A cy pres remedy provides indirect benefits to class members (usually through defendant donations