Jarrod D. Shaw

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Case Developments January 23, 2018 – February 20, 2018 In this edition of our Vehicle Finance Litigation report, we summarize (i) a decision from the Northern District of California striking a class definition as a “fail-safe” in a lending discrimination case, (ii) a decision out of the Eastern District of California denying class certification on adequacy and typicality grounds because of a defense unique to the class representative’s claims, and (iii) a decision out of…
In a recent decision, the 11th U.S. Circuit Court of Appeals reversed a grant of summary judgment in favor of a bank on Telephone Consumer Protection Act (TCPA) claims, by holding that a consumer can partially revoke her previously provided consent. In Schweitzer v. Comenity Bank, the plaintiff sued the bank under the TCPA for calls placed to her cell phone after she allegedly revoked her consent. The revocation at issue purportedly occurred during a…