On January 21, 2020, the Oakland City Council unanimously passed the Fair Chance Housing Ordinance (“FCHO”), which will restrict landlords in their ability to reject a potential tenant because
of prior criminal history. It also impacts background check companies that offer a tenant screening product (“consumer reporting agencies”) because they will have to modify their
“Untagging” From Photo Privacy Lawsuit: Facebook Settles Its Illinois Biometric Information Privacy Litigation For $550 Million
Seyfarth Synopsis: On January 29, 2020, Facebook announced that it had reached a settlement with plaintiffs in a class action brought under the Illinois Biometric Information Privacy Act (the 
“BIPA”) in the U.S. District Court for the Northern District of California. The settlement represents one of the largest payouts in a case brought under the
FTC Rules Political Ad Marketing Firm Cambridge Analytica Deceived Facebook Users
Synopsis: On December 6, 2019, the Federal Trade Commission issued a unanimous ruling against political data firm Cambridge Analytica for violating Section 5 of the FTC Act by misrepresenting that it would not download personally identifiable information when it in fact harvested this information from over 50 million Facebook users. Specifically, Cambridge Analytica represented that
Ninth Circuit Rules That Users, Not Consumers, Must Prove an Authorized Purpose for Obtaining a Consumer Report
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
FTC Report Underscores the Importance of Crafting Effective Settlement Notices
The Federal Trade Commission recently published a preliminary staff report on two studies it conducted to understand the effectiveness of class action settlement notices and develop information to help improve consumer settlement outcomes. While the report highlights its findings relating to low refund claim rates by class members, defense counsel may be more interested in
Significant TCPA Verdict Returned in Wakefield v. ViSalus, Inc.
An Oregon federal jury reached a verdict in a Telephone Consumer Protection Act (“TCPA”) class action in April that exposes the defendant to a potential judgment in excess of $2.7 billion.
The TCPA makes unlawful certain telecommunications including telemarketing calls without consent to cell phones and residential land lines using an artificial or prerecorded voice
The Fifth Circuit Holds That Lenders Cannot Be Held Vicariously Liable Under RESPA
In a matter of first impression, the Fifth Circuit upheld a dismissal by the Northern District of Texas holding that a lender cannot be held vicariously liable for a loan servicer’s purported violation of the Real Estate Settlement Procedures Act (“RESPA”). In upholding the decision, the Court held that the borrower failed to plead an
BIPA: Plaintiff’s New Cash Cow
Since its enactment a decade ago, the Illinois Biometric Information Privacy Act (BIPA) has seen a recent spike in attention from employees and consumers alike. This is due, in large part, to the technological advancements that businesses use to service consumers and keep track of employee time.
What Is The BIPA?
Intending to protect consumers,
Picked Off: The Supreme Court Rejects The Mooting Effect of Unaccepted Offers of Judgment and Settlement
A seemingly innocuous recruitment text message from the United States Navy has led to the official unraveling of a tactic long-used and widely-favored by defendants to escape a class action lawsuit before class certification. In a 6-3 decision, the United States Supreme Court rejected the argument that an unaccepted settlement offer or offer of judgment
The Crackdown Continues on Dietary Supplement Mislabeling and False Advertising: GNC Slapped With Proposed Nationwide Class Action
Recently 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