In an opinion issued today, the en banc Ninth Circuit held that Shopify, an e-commerce platform, could be sued in California based on allegations that it had installed tracking software on a California consumer’s device. The court concluded that personal jurisdiction could be exercised constitutionally, as Shopify’s conduct was expressly aimed “at California through its extraction, maintenance, […]
Category Archives: Consumer Litigation
In 2022, in Ewing v. Med-1 Solutions, LLC, the Seventh Circuit held that a consumer is harmed by a credit report’s failure to note that a given debt is dispute–finding that it impacted the consumer’s creditworthiness and impacted their reputation, and thus that a consumer has standing to pursue a claim based on a debt […]
At the end of February, the Ninth Circuit issued its decision in Six v. IQ Data International, where it reversed a district court’s dismissal of an FDCPA claim for lack of standing. The plaintiff’s claim was based on a violation of 15 U.S.C. § 1692c(a)(2), which prohibits a debt collector from directly communicating with a […]
Four former servicemembers brought a putative class action against Citibank, alleging that it was violating the Servicemembers Civil Relief Act (SCRA) by charging certain interest rates on their credit card balances. Citibank moved to compel arbitration pursuant to the terms of the relevant credit card account agreements, but the district court denied the motion, citing […]
Under Missouri law, lienholders must release their liens within 5 days after payment in full of any moneys owed. According to the plaintiff in a putative class action, Santander Consumer violates this law by waiting fifteen days to send the title after a borrower pays off a car loan. After Santander removed the case, a […]
State and federal courts have concurrent jurisdiction over claims brought under the Fair and Accurate Credit Transactions Act (FACTA). But apart from the merits of a FACTA claim, state and federal courts have different requirements for standing. So when a defendant removes a FACTA action from state to federal court, but the claim does not […]
The Sixth Circuit today vacated a district court’s certification of 10 classes relating to claims about Nissan’s automatic electronic braking systems. The court first held that the district court had inadequately considered commonality and predominance. It then went onto address a question that has divided the circuits over the past decade- whether expert testimony considered […]
On her last day as Secretary of Transportation during the last Trump Administration, Elaine Chao signed off on a joint venture between American Airlines and JetBlue, which allowed extensive cooperation and coordination between the two airlines, effectively allowing the two to operate as a single airline with respect to most routes out of Boston and […]
After Bayer voluntarily recalled certain anti-fungal consumer products that contained benzene due to a production error , consumers who had purchased the affected products filed a class action. They alleged three forms of harm: (1) that they were deprived of the benefit of their bargain because they contracted for safe products that did not contain […]
The future, they say, is the hardest thing to predict. With that caveat, what can we expect from a second Trump administration for consumer prediction? Some quick thoughts: President-elect Trump will surely ask CFPB Director Rohit Chopra to resign so that he can replace Chopra with someone he prefers. Despite the fact that Vice President-elect […]