Plain-text reading of TCPA prevails in Facebook, SCOTUS says autodialers must store or produce numbers using a random or sequential number generator
Balch & Bingham LLP Blogs
Latest from Balch & Bingham LLP
California Announces Board Appointments to New California Privacy Protection Agency (CPPA)
On March 17, 2021, Governor Gavin Newsome, Attorney General Xavier Becerra, Senate President pro tem Toni Atkins, and Assembly Speaker Anthony Rendon announced the members of the California Privacy Protection Agency (CPPA) the new administrative agency created by the California Privacy Rights Act (CPRA) charged with protecting consumer privacy rights overs personal information.
“Californians deserve to have their data protected and the individuals appointed today will bring their expertise in technology, privacy and consumer rights…
California Attorney General Issues Additional CCPA Regulations Advancing Consumer Protections
California Attorney General Issues Additional CCPA Regulations Advancing Consumer Protections
On March 15, 2021, the California Attorney General (“AG”) approved additional CCPA regulations to enhance consumer protections for opting out of the sale of information. These regulations come after the third set of modifications was approved last October, and after the California Privacy Rights Act of 2020 (“CPRA” or “CCPA 2.0”) passed the state referendum, and will become effective in January 2023. Specifically, the AG’s…
The Eleventh Circuit Continues to Build on Article III Standing Requirement
In early November, we wrote about a new Eleventh Circuit decision on Article III standing law which directly held that it was not enough to allege a statutory violation and instead there must be a concrete injury to sustain an action in federal court. Muranksy v. Godiva Chocolatier, Inc., 979 F. 3d 917 (11th Cir. 2020). We noted the sharp divide in the Court and that it was an en banc decision. Now, the Eleventh…
Eleventh Circuit Reverses Course on Ascertainability Standard in Class Actions; Turns Tide in Plaintiffs’ Favor
This Tuesday, the United States Court of Appeals for the Eleventh Circuit reversed course on an emerging trend of case law concerning the ascertainability standard for class actions under Fed. R. Civ. P. 23, holding proof of administrative feasibility in identifying absent class members was not required at the class certification stage.
This debate has consumed class action law for at least the last 7 years and caused Circuit splits. Under the administrative feasibility standard originally…
Cut them off at the Past – New COVID Stimulus Package Should Foreclose Any Possibility of Plaintiff Victory in Agent Fee Class Actions
Last night, Congress passed a new COVID-19 stimulus package containing an important amendment to the CARES Act which should foreclose any possibility the Plaintiffs in the Agent Fee class actions currently pending across the country can successfully argue banks must pay them “agent fees” for preparing PPP loan applications. The amendment establishes that, contrary to the Plaintiffs’ assertions, banks are not required to pay agent fees absent a written agreement with the agent to do…
Banks Headed for Total Victory in Agent Fees Class Actions
Twice this year, Balch & Bingham reported on the wave of “Agent Fee” class actions against lenders who made PPP loans under the CARES Act. At one point, there were over sixty such lawsuits spread across the federal courts, alleging that banks were required to pay CPAs and others who assisted borrowers with loan applications.
Since then, eight different federal judges have now ruled in favor of the banks and dismissed Agent Fee class actions.…
Alabama Court of Civil Appeals Doubles Down on “Strict Compliance” with Notice Provisions of Standard Mortgage’s Paragraph 22
This past June, in Barnes v. U.S. National Bank, No. 2180699, the Alabama Court of Civil Appeals held that a mortgagee’s notice of acceleration failed to strictly comply with the notice provisions contained in Paragraph 22 (“Paragraph 22”) of the Fannie Mae/Freddie Mac Uniform Mortgage. As a result, the Court held that the foreclosure sale was void.…
Tennessee Court of Appeals Becomes First Appellate Court to Affirm Dismissal of Class Action Challenging Multiple “Overdraft” or NSF Fees for Same Transaction or “Item.”
Earlier this year, Balch & Bingham reported on the dismissal of one of the first class actions challenging financial institutions for charging multiple “overdraft” or not sufficient funds (“NSF”) fees for the same transaction or “item.” In these cases, Plaintiffs allege financial institutions may only charge an overdraft fee once for each “item” – be it a debit, check, draft, withdrawal, ACH payment request, etc. – no matter how many times merchants represent the transaction…
Giving Teeth to Article III Standing Requirements in the Eleventh Circuit.
The federal courts have been struggling for several years to clarify Article III standing law. Is it enough that a plaintiff satisfy the elements of a federal consumer protection statute? Is it enough that a data breach have happened? Or, must the plaintiff show that they have actually been damaged or that there is a substantial risk that they will be damaged? On October 28, 2020 the Eleventh Circuit handed down a sharply split en…