Category Archives: Consumer Litigation

Third Circuit finds confusing collection letters provide standing, but not informational standing

Jamie Huber brought a putative class action under the FDCPA, alleging that confusing collection letters she received from Simon’s Agency, Inc. were misleading and deceptive. A district court certified a class, and granted summary judgment in its favor. In so doing, it found that Ms. Huber had standing based on an informational injury, and that […]

3rd Circuit Holds FCRA Requires Credit Furnishers to Investigate All Indirect Disputes

When a consumer finds an error on his or her credit report, the FCRA provides two mechanisms for raising a dispute. The consumer can raise a “direct” dispute with the person or entity that furnished the incorrect or incomplete information (the “furnisher”), or an “indirect” dispute with the credit reporting agency, which then must provide […]

Fourth Circuit Allows Long-Running PDR TCPA Case About “Free” Book to Continue

Some cases are destined to continue forever, and the case of Carlton & Harris Chiropractic v. PDR Network may be one of them, given the Fourth Circuit’s decision yesterday- its third encounter with the case since it was filed back in 2015. As Judge Harris explains, the basic facts are that the plaintiff, “a chiropractic […]

Fourth Circuit Holds Validity of Class Waivers Must Be Assessed Pre-Certification

Last week, the Fourth Circuit decided In re Marriott International, Inc. Customer Data Security Breach Litigation, in which it vacated a district court’s class certification order. The district court had granted certification before addressing the merits of Marriott’s argument that the plaintiffs were barred from proceeding as a class under a waiver. While acknowledging “it […]

Second Circuit Addresses Impact of Transunion on Risk-Based Standing Precedent

In Bohnak v. Marsh & McLennan Companies, the Second Circuit considered how the Supreme Court’s 2021 decision in TransUnion, LLC v. Ramirez impacted earlier Second Circuit precedent as to how to establish Article III standing in data breach cases. In short, the court held that TransUnion altered its precedent as to whether an injury arising […]

Second Circuit Throws Out NYT Automatic Renewal Class Action Settlement

Last Thursday, the Second Circuit agreed with an objector, and vacated a district court’s approval of a class action settlement of claims relating to automatic renewals of New York Times subscriptions, in a thorough decision that clarifies the circuit standard as to several Rule 23(e) issues. The court held that the 2018 Amendments to Rule […]

Ninth Circuit keeps TCPA coverage for unsolicited text messages narrow

This week, inTrim v. Reward Zone USA LLC, the Ninth Circuit issued two separate opinions collectively affirming the dismissal of a claim brought under 47 U.S.C. § 227(b)(1)(A), based on the plaintiff’s receipt of unsolicited text messages. That statutory provision only applies to calls made using an “automatic telephone dialing system or an artificial or […]

Diversion of Resources Enough for UCL Standing, Holds California Supreme Court

In 2004, California amended its unfair competition law to eliminate associational standing–that is, membership organizations could no longer bring claims based on injuries to their members. Only claims based on injuries to the organizations themselves could serve as a basis for suit. Yesterday, in California Medical Association v. Aetna Health of California, the California Supreme […]

Second Circuit Rejects “Legal” v. “Fact” Standard for FCRA Inaccuracies

Section 1681e(b) of the Fair Credit Reporting Act (FCRA) requires credit reporting agencies to “follow reasonable procedures to assure maximum possible accuracy of the information” reported. In 2021, a district court held that a plaintiff cannot bring a claim for violating that provision when “the accuracy at issue requires a legal determination as to the […]

CAFA doesn’t displace MMWA jurisdictional requirements, 3rd Circuit holds

The Magnuson-Moss Warranty Act provides for federal district court jurisdiction in cases alleging violations of that statute except where (1) any one claim is less than $25, (2) the total amount in controversy is less than $50,000, or (3) it is a class action with less than 100 named plaintiffs. Several MMWA defendants have removed […]