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Class Action Issue In a recent decision addressing privacy claims arising from the electronic tracking of a customer’s online behavioral activity, a federal district court’s analysis highlighted the significance of a comprehensive privacy notice in establishing a customer’s consent to the collection of personal identifying information (“PII”). Pertinent Background The electronic tracking of a customer’s actions while visiting a business’ website has given rise to lawsuits under wiretap and electronic surveillance statutes. This is one…
Class Action Issue In Home Depot U.S.A., Inc. v. Jackson, the U.S. Supreme Court addressed whether either the Class Action Fairness Act of 2005 (“CAFA”) or the general removal statute (28 U.S.C. §1441(a)) allows a party brought into a lawsuit through a counterclaim filed by the original defendant to remove the action to federal court. Pertinent Background In 2016, Citibank filed a debt-collection action against George Jackson in North Carolina state court. Citibank alleged that…
Class Action Issue In Home Depot U.S.A., Inc. v. Jackson, the U.S. Supreme Court addressed whether either the Class Action Fairness Act of 2005 (“CAFA”) or the general removal statute (28 U.S.C. §1441(a)) allows a party brought into a lawsuit through a counterclaim filed by the original defendant to remove the action to federal court. Pertinent Background In 2016, Citibank filed a debt-collection action against George Jackson in North Carolina state court. Citibank alleged that…
Class Action Issue In Home Depot U.S.A., Inc. v. Jackson, the U.S. Supreme Court addressed whether either the Class Action Fairness Act of 2005 (“CAFA”) or the general removal statute (28 U.S.C. §1441(a)) allows a party brought into a lawsuit through a counterclaim filed by the original defendant to remove the action to federal court. Pertinent Background In 2016, Citibank filed a debt-collection action against George Jackson in North Carolina state court. Citibank alleged that…