Seyfarth Synopsis: On November 6, 2018, the United States Supreme Court signalled that the Article III standing preconditions to federal court litigation, as described in Spokeo, Inc. v. Robins, 136 S .Ct. 1540 (2016), are not likely to be diminished any time soon. The Court did so by requesting supplemental briefing on the application of
Esther Slater McDonald
The Ninth Circuit Demands Simplicity: Background Check Disclosure Forms That Contain State-Law Notices or Improper Grammar Violate the FCRA
Seyfarth Synopsis: As part of an evolving trend of narrowly interpreting the FCRA’s “standalone” disclosure and “clear and conspicuous” disclosure requirements, the Ninth Circuit has held that users of consumer reports may violate the FCRA and ICRAA by including “extraneous” state law notices and potentially “confusing” language in background disclosure forms.
Both the Fair Credit…
Illinois Supreme Court Opens Floodgates For Damages In Class Actions Alleging Violations of the Illinois Biometric Information Privacy Act (“BIPA”)
Seyfarth Synopsis: The Illinois Supreme Court has held that a plaintiff may sue for mere violation of BIPA, regardless of injury. The ruling will likely greatly increase the potential exposure of companies in actions alleging violations of the Act and makes strict compliance with the Act significantly important. Accordingly, businesses using or licensing biometric technology in Illinois or collecting or receiving biometric data on individuals in Illinois must take immediate compliance measures or else face the potential of significant liability and damages in class action litigation.
The Illinois Biometric Information Privacy Act
Seyfarth Legal Forum: 2018 Highlights And A Look Ahead to 2019
On Thursday, December 6, 2018 from 8:00 a.m. – 10:30 a.m. Central, the Chicago office of Seyfarth Shaw LLP will present “Seyfarth Legal Forum and CLE: 2018 Highlights And a Look to 2019″.
About the Program
Why should you be interested in joining us? Because we will be providing our clients with a multidisciplinary overview…
BIPA: Exemptions May Be On The Horizon For The Decade-Old Statute
In light of the recent uptick in litigation involving the decade-old Illinois Biometric Information Privacy Act (BIPA), the Illinois state legislature is now considering amending the Act to allow for business efficiency and to bring the Act back to what some believe to be its original intent.
Continue Reading BIPA: Exemptions May Be On The Horizon For The Decade-Old Statute
CFPB Commotion Continues: Leandra English Resigns from CFPB Deputy Director Post
On July 6, 2018, Leandra English, through her attorney via Twitter, announced she would be resigning from the Consumer Financial Protection Bureau (“CFPB”). In so doing, Ms. English is also dropping her lawsuit against the CFPB in which she challenged Mick Mulvaney’s status as the acting director and claimed that she was the true…
An SDNY Dilemma: CFPB Held Unconstitutional Over Director Removal Provision
On June 21, 2018, in deciding a motion to dismiss a complaint brought the Consumer Financial Protection Bureau (“CFPB”)and the State of New York, Judge Loretta Preska of the U.S. District Court for the Southern District of New York held that the CFPB’s structure is unconstitutional.
Previously the D.C. Circuit, sitting en banc in PHH Corp. v. CFPB, 881 F.3d 75 (D.C. Cir. 2018), had held that Title X of the Dodd-Frank Act, which “established the CFPB as an ‘independent bureau’ within the Federal Reserve System,” was validly enacted. Judge Preska disagreed with the panel and adopted the minority view proposed by the dissent in that case. First, she accepted Judge Brett Kavanaugh’s conclusion that the CFPB was unconstitutionally structured because it is an “independent agency that exercises substantial executive power and is headed by a single Director.” Namely, Judge Kavanaugh took issue with the CFPB’s unchecked authority vested in a single director, where history, liberty, and presidential authority dictate otherwise.
Continue Reading An SDNY Dilemma: CFPB Held Unconstitutional Over Director Removal Provision
Supreme Court Rules that Class Actions Do Not Toll the Limitations Period for Successive Class Actions
In China Agritech, Inc. v. Resh, the Supreme Court recently held that pending class actions do not toll the limitations period for successive class actions. The ruling limits plaintiffs’ ability to bring successive class actions and will increase certainty for defendants sued in class actions.
Continue Reading Supreme Court Rules that Class Actions Do Not Toll the Limitations Period for Successive Class Actions
D.C. Circuit Questions English’s Standing to Challenge CFPB Control
The battle for control of the Consumer Financial Protection Bureau (“CFPB”) raged on this Thursday during oral argument before the United States Court of Appeals for the District of Columbia Circuit in English v. Trump. All three panel judges seemed skeptical of English’s claim that she should be acting director of the CFPB, but two judges questioned whether President Trump could appoint Mulvaney as acting director when a provision in the Dodd-Frank Act states that a subsection on budgeting and financial management “may not be construed as implying … any jurisdiction or oversight over the affairs or operations of the [CFPB]” by the Office of Management and Budget (“OMB”).
Continue Reading D.C. Circuit Questions English’s Standing to Challenge CFPB Control
States Moving To Fill Perceived Void in CFPB Enforcement
In response to “the void left by the Trump Administration’s pullback of the [CFPB],” the New Jersey Attorney General recently announced that Paul R. Rodriguez will be serve at the Director of the New Jersey Division of Consumer Affairs, the state’s lead consumer protection agency. Mr. Rodriguez will serve as the Acting Director of the…