Synopsis: Last month, the Ninth Circuit issued an opinion, affirming broad Article III standing and holding that, for permissible-purpose claims, a consumer-plaintiff need allege only that his/her credit report was obtained for a purpose not authorized by the statute to survive a motion to dismiss, regardless of whether the report is published or otherwise
Consumer Financial
Unanimous Supreme Court Ruling On the Fair Debt Collection Practices Act
Seyfarth Synopsis: In a 9-0 Supreme Court ruling last week, the Court spoke to issues concerning the Fair Debt Collection Practices Act (FDCPA) and non-judicial foreclosures.
The FDCPA is intended to “eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are…
The Fifth Circuit Holds That Lenders Cannot Be Held Vicariously Liable Under RESPA
…
Robins v. Spokeo, Inc.: Ninth Circuit Holds That A Materially Inaccurate Report Is A Concrete Injury Even If The Inaccuracy Did Not Adversely Affect The Consumer
Seyfarth Synopsis: In Spokeo, Inc. v. Robins, the U.S. Supreme Court held that a plaintiff must have a concrete injury to sue for FCRA violations. Following Spokeo’s remand, courts have held that consumers have standing to sue if their reports are inaccurate even if an inaccuracy did not adversely affect them.
In Spokeo,…
Spokeo v. Robins: The U.S. Supreme Court Finds Concrete Injury Is Required Under Article III But Remands Back To The Ninth Circuit
Also By Robert T. Szyba, and Ephraim J. Pierre
Seyfarth Synopsis: In deciding Spokeo v. Robins, the U.S. Supreme Court reaffirmed that plaintiffs seeking to establish that they have standing to sue must show “an invasion of a legally protected interest” that is particularized and concrete — that is, the injury “must actually…
California’s Auto-Renewal Law Leads to Wave of California Consumer Class Actions
By: Robert Milligan and D. Joshua Salinas
California’s Auto-Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.) has given rise to a recent torrent of new lawsuits in California, many brought on a putative class action basis, targeting businesses that offer subscription based goods or services to California consumers. With few published…
You Are Invited! Upcoming Webinar: Hot Topics and Trends in Consumer Class Action Law
On Tuesday, May 26, 2015 at 12:00 p.m. Central, Jason P. Stiehl, Giovanna A. Ferrari and Jordan P. Vick will present the first installment of the 2015 Class Action Webinar series. They will provide a summary of key decisions from 2014, identify key trends for companies to watch for in 2015, as well as practical…
Consumer Financial Protection Bureau Issues Final Arbitration Report
One of the largest issues to loom over the class action battlefield in the past decade has been the use of arbitration clauses in consumer contractual relationships. As many know, and as discussed in our sister blog, Workplace Class Action Blog, the United States Supreme Court’s seminal 2011 decision in AT&T Mobility v. Concepcion…
Seventh Circuit Adopts CFPB Position On Time-Barred Debt, Creating Circuit Split
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…
New York Federal Judge Approves Largest Ever Antitrust Settlement between Visa / MasterCard and Nationwide Merchant Class
On Friday, December 13th, a Brooklyn federal judge approved a $7.25 billion settlement of an eight-year-old antitrust class action brought against Visa and MasterCard for an alleged conspiracy to fix credit card swipe fees. In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, No. 05-MD-1720 (JG)(JO) (E.D.N.Y. Dec. 13, 2013, R. 6124).…