Category Archives: Consumer Litigation

DC Federal Court Remands “Junk Fee” Challenge Due to Lack of Article III Standing

Travelers United is a DC-based nonprofit that has sued a number of travel and hospitality providers for putative violations of DC’s consumer protection laws. In one recent case, the organization sued Hilton for their “deceptive Junk Fee practices” that “trick consumers into paying more” to book a hotel room “than they otherwise would.” Travelers United […]

Supreme Court addresses National Bank Act preemption

The Supreme Court today issued a unanimous decision on an issue concerning the scope of preemption under the National Bank Act. In this case, a borrower sued Bank of America for failing to pay interest on his mortgage escrow account, as required by New York law. The bank argued that the National Bank Act preempts […]

9th Cir. grants en banc review to consider personal jurisdiction over online businesses

The Ninth Circuit Court of Appeals last week granted en banc review in a case called Briskin v. Shopify, to consider whether a state may exercise specific personal jurisdiction over a defendant that unlawfully uses its nationally accessible web platform to extract data from in-state consumers. As reporter Alison Frankel of Reuters wrote, “The court’s […]

Eleventh Circuit Vacates GoDaddy TCPA Settlement

The parties in consolidated class actions against GoDaddy brought under the TCPA negotiated a settlement, under which Go Daddy would provide up to $35 million to pay both class members’ claims and up to $10.5 million to their lawyers as attorney’s fees. The district court certified a settlement class. The day Rule 23(c)(2) notices were […]

Divided Second Circuit Holds Texts to Pre-Existing List of Numbers Not Covered by TCPA

The Telephone Consumer Protection Act (TCPA) regulates unsolicited calls using “any automatic telephone dialing system [(ATDS)] or an artificial or prerecorded voice.”  The statute defines an automatic telephone dialing system as “equipment which has the capacity…to store or produce telephone numbers to be called, using a random or sequential number generator; and…to dial such numbers.” […]

Consumers sue to stop Alaska-Hawaiian Airlines Merger

The period from 2001 through 2016 saw several major mergers amongst US passenger airlines. In recent years, though, efforts to merge or coordinate have faced opposition from courts and antitrust regulators. In December 2023, Alaska Airlines (which already has a huge Hawaiian presence) announced a deal to acquire Hawaiian Airlines.  The immediate response from government […]

8th Circuit Allows Claims Against Hertz for Falsely Reporting Car as Stolen to Proceed

Over the past few years, there have been numerous stories of rental car company Hertz reporting customers as having stolen rental cars, when the cars were not stolen at all. In 2022, the company entered in a class action settlement covering 364 of these reported “thefts.” Today, the Eighth Circuit issued a decision in Wood […]

Case challenging CFPB “late fee” rule leaves Texas for D.C.

Texas federal courts (and the Fifth Circuit) have become the go-to venues for industry groups to file legal challenges against recently released federal regulations. But yesterday, the District Court for the Northern District of Texas transferred Chamber of Commerce v. Consumer Fin. Prot. Bureau – a case where the Chamber and others are contesting the […]

Washingtonian Article on the Rise (and Fall?) of Ambiguous Restaurant Fees

Available here, the article explains the history of additional fees added by D.C. restaurants, the rationales given by supporters and defenders, and the status of enforcement and litigation efforts.

Third Circuit Finds No Standing Where Creditor Shared Info With Mail Vendor

Paulette Barclift sued Keystone Credit Services after Keystone shared certain personal information with a mailing vendor that it hired to mail her a collection notice. Barclift never authorized Keystone to share that information with third parties, and thus sued for violating the FDCPA’s provisions on unauthorized communications. The district court held that Barclift had not […]