Category Archives: Consumer Litigation

Lawsuit against Gerber for deceptive and unlawful claims narrowed a bit by Ninth Circuit

By Stephen Gardner On July 17, a panel of the Ninth Circuit issued a revised opinion in Bruton v. Gerber Products. (I’ve attached the withdrawn opinion here and the new opinion here.) In her lawsuit, Natalia Bruton alleged that “labels on certain Gerber baby food products included claims about nutrient and sugar content that were […]

Ira Rheingold Op-Ed on Wells Fargo and a Different Arbitration Dispute

by Jeff Sovern Different, that is, from arbitrations over the unauthorized accounts, about which we have reported (Wells has agreed to set aside its arbitration clause in the unauthorized account dispute and settle the claims in a class action; court approval is pending but seems likely). Ira's piece, titled Courts, Regulators Must Stop Wells Fargo’s […]

CEI: CEI Objects to Facebook Class Action Settlement that Pays Lawyers Nearly $4 Million While Consumers Get 22 Words of Nothing

by Jeff Sovern Here.  The 22 words consists of the following statement, to appear on Facebook's help page: “We use tools to identify and store links shared in messages, including a count of the number of times links are shared.” As a general matter, I am skeptical of settlements that provide only a disclosure on […]

Skiba & Xiao Article on Consumer Litigation Funding

Paige Marta Skiba and Jean Xiao of Vanderbilt have written Consumer Litigation Funding: Just Another Form of Payday Lending? 80 Law and Contemporary Problems (2017).  Here is the abstract: This article provides a side-by-side comparison of payday lending and consumer litigation funding in order to aid policymakers. Funding has similarities with payday lending because they are […]

Second Circuit: Under TCPA, Consumer Can’t Revoke Consent That is Term in Prior Contract

The case is Reyes v. Lincoln Autmotive Financial Service, and it conflicts with decisions of the Third and Eleventh Circuits.  The TCPA has come in for increasing attention lately, with a recent hearing in Congress discussing possible amendments to the statute.  (HT: Gregory Gauthier) 

Record-Breaking $60 Million FCRA Jury Verdict Against TransUnion

So Law360 reports here. The jury apparently found that Transunion did not follow reasonable procedures to assure maximum possible accuracy, as required under FCRA 1681e, when it reported that consumers' names matched those on a government watch list for terrorists and criminals.

SCOTUS to Hear Oral Arguments Today in Henson v. Santander, FDCPA Case

Law360's Evan Weinberger reports here (behind paywall). The case will decide whether debt buyers that don't have debt collection as their principal purpose, because, as in Santander's case, the debt buying unit is part of a multipurpose financial institution, are covered by the FDCPA. If the debt buyer wins, will we see debt buyers join with […]

Financial Regulation Scholars Amicus Brief in PHH Case

Here.  Deepak Gupta is counsel. Here's the Introduction and Summary of the Argument: The Constitution requires public accountability for government agencies but does not prescribe how it must be achieved. It can be achieved in a variety of ways through agency design, and indeed, there is tremendous variation in agency structure. Public accountability can also […]

Bloomberg: Thousands of Trump University Students Sign Up for Refunds

Here.  More than half the class members have submitted claims.  Claimants are expected to recoup 80% of what they spent.  The article attributes the high participation rate to the publicity the case garnered as well as the amounts individual claimants have at issue, as much as $20,000.