In 2021, Chicago enacted the Keep Chicago Renting ordinance, which requires those who purchase rental properties through foreclosure to (1) negotiate in good faith with existing tenants for a new rental agreement for at least one year, and (2) if the tenant does not sign a new lease, pay the moving tenant a $10,600 relocation […]
Category Archives: Consumer Litigation
Without his consent or knowledge, Robbin Ward’s daughter took out a lease in his name. She was later evicted for nonpayment, and the back-rent owed was transferred to a debt collector. The debt collector reported the debt to credit agencies, who noted it on Mr. Ward’s credit report. Mr. Ward disputed the debt claiming identity […]
Section 227(c)(5) of the Telephone Consumer Protection Act (TCPA) provides a private right of action for any “person who has received more than one telephone call within any 12-month period by or on behalf of the same entity in violation” of FTC regulations related to “residential telephone subscribers’ privacy rights to avoid receiving telephone solicitations […]
The New Jersey Consumer Finance Licensing Act (CFLA) requires consumer lenders to obtain a license, and provides that if a lender violates that provision “in the making or collection” of a loan, the loan contract “shall be void” and the lender “shall be guilty of a crime of the fourth degree.” In a unanimous opinion […]
According to the complaint in Fish v. Entrata Inc., when Property Management Companies (PMCs)–landlords–switched from offering a product on an opt-in basis to offering tenants the product for free for a month, followed by a negative option opt-out, it had a dramatic effect on sales: 9. The RentDynamics website explains to PMCs that the “opt-out” […]
Alexander Panelli, a consumer who bought sheets that Target markets as “100% cotton” and “800 thread count” sued Target for violating California consumer law, alleging that the thread counts were actually much lower. In his amended complaint, he noted that it is “physically impossible for cotton threads to be fine enough to allow for 600 […]
The case is Stephens v. Am. Arb. Ass’n Inc., No. CV-25-01650, 2026 WL 878981 (D. Ariz. Mar. 31, 2026). Here’s a paragraph from the opinion on the antitrust claim: With regard to the first element of Plaintiffs’ claim under § 2 of the Sherman Act— monopoly power in the relevant market—the AAA states in its […]
In Oliver v. Navy Federal Credit Union, decided today, the Fourth Circuit clarified both the procedure and substantive standards that govern when defendants ask a court to deny class certification before discovery. Oliver was a putative class action challenging Navy Federal’s underwriting process for loan applicants as racially discriminatory. Navy Federal moved to dismiss under Rule […]
Yesterday, the California Supreme Court issued a decision in Fuentes v. Empire Nissan, in which it addressed how the “tiny and unreadable print” in which a contract (here, an arbitration agreement) is printed plays into a court’s unconscionability analysis. The court held “that a contract’s format generally is irrelevant to the substantive unconscionability analysis, which […]
There are many decisions addressing whether website interactions constitute a valid and binding contract–frequently, one to arbitrate. Under California law, “scrollwrap” or “clickwrap” offers, which require a user to affirmatively agree to terms and conditions after being presented with them, are are generally held to create enforceable contracts. On the other hand, “browsewrap” offers, where […]