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 […]
Category Archives: Consumer Litigation
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 […]
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 […]
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.” […]
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 […]
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 […]
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 […]
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.
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 […]
Many companies have started to put automated chatbots on their website to answer customer service questions. Air Canada is one of them. Its chatbot told a customer that he could retroactively seek a bereavement discount for a flight he needed to purchase. When the customer submitted the paperwork he was told by the bot to […]