Category Archives: Consumer Litigation

Casting doubt on availability of service awards, 2nd Circuit affirms massive interchange-fee settlement

Almost twenty years ago, various groups of merchants filed antitrust litigation against Visa, Mastercard, and banks that serve as payment-card issuers for those networks, tied to the “interchange fees” charged for each transaction. (In full disclosure, I worked on one of the district court cases over a decade ago. I remember close-to-nothing about the case.)  […]

Ninth Circuit vacates LuLaRoe class certification order on predominance question

Many of us learned about multlievel-marketing company and purveyor of women’s clothing LuLaRoe in 2021, when dueling documentaries about the company’s rapid growth and decline were released. As featured in those documentaries, the company was the subject of extensive litigation and investigations as to its relationships with its “fashion retailers” — i.e., those recruited to […]

Remedies for Violations of the Consumer Review Fairness Act

Over at his Technology and Marketing Blog, Eric Goldman points to a recent district court decision issuing a preliminary injunction against a solar installation company which, according to the decision, engaged in a series of shady practices vis-a-vis consumers who agreed to use its solar panel installation services. In an action brought jointly by the […]

4th Circuit: Lack of Article III standing resuscitates state-law identity theft protection claim

In its decisions in Spokeo v. Robins and TransUnion v. Ramirez, the Supreme Court held that consumers lack Article III standing to challenge violations of the Fair Credit Reporting Act absent the showing of some concrete harm beyond the publication of inaccurate credit information. On Tuesday, the Fourth Circuit confronted how those decisions interact with […]

NCLC announces new litigation director

The National Consumer Law center has announced that Shennan Kavanagh, currently the Chief of the Consumer Protection Division of the Massachusetts Attorney General’s Office, will be joining NCLC as its next Director of Litigation. Shennan will start next week and will work throughout 2023 alongside Stuart Rossman, NCLC’s longtime Director of Litigation, whom she will […]

Nursing home COVID claims to proceed to trial

Nursing homes across the country were a major center of COVID-19 outbreaks throughout 2020, and hundreds of lawsuits have been filed based on alleged inadequate infection control measures, brought by families of nursing home residents under tort law and state consumer protection statutes. So far, much of the litigation has focused on jurisdictional questions. Five […]

ALI announces principles project on high-volume, low-stakes civil cases, including debt collection, eviction, foreclosure

From the announcement: The American Law Institute’s Council voted today to approve the launch of a Principles of the Law project that will address a serious challenge facing state courts: the adjudication of high-volume, high-stakes, low-dollar-value civil claims. The project will be led by Reporter David Freeman Engstrom of Stanford Law School. These types of […]

Chamber of Commerce and bank groups sue CFPB for using unfairness power to pursue discriminatory conduct

by Jeff Sovern As we have previously discussed, the CFPB takes the position when supervising banks that discrimination is unfair within the meaning of the Consumer Financial Protection Act. As reported by Bloomberg's Evan Weinberger, the Chamber of Commerce, the American Bankers Association, the Consumer Bankers Association, and others have now sued the CFPB in […]

Some states charge consumers responding to debt collection suits filing fees of hundreds of dollars

So reports George Simons at Bloomberg Law. Excerpt: California, Arizona, and Minnesota are good examples of states attempting to increase access to justice while charging defendants enormous filing fees. These fees are charged for all types of civil lawsuits, but are particularly relevant to debt lawsuits where defendants are being sued because, presumably, they don’t […]

NY Times: Navient settlement with the states does not help borrowers who are not in default

Here. Excerpt: After years of struggling to make payments that hardly put a dent in the loans she took out to attend a now defunct arts school, Victoria Linssen saw a glimmer of hope. A deal last month between 39 states and Navient, a student lending giant accused of unfairly ensnaring borrowers like her, would […]