Consumer Class Defense Blog

A Practicable Legal Blog on Consumer Class Actions

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Thomas E. Ahlering

Renee B. Appel

Kristine Argentine

Latest from Consumer Class Defense Blog

Consumer Class Defense Blog

Consumer Financial Protection Board Taskforce issues 900-page Report with Broad Recommendations in Waning Days of Trump Administration

By J. Patrick Kennedy, Tonya M. Esposito & David M. Bizar

February 23, 2021

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Just two weeks before the inauguration of President-elect Biden, and the launch of a new executive administration, the Consumer Financial Protection Bureau (CFPB or Bureau) Taskforce on Federal Consumer Financial Law (Taskforce) issued a nearly 900-page report making extensive recommendations for legislative and regulatory reform, enactment, and adoption of new initiatives. The Taskforce comprised five appointed members with more than 150 combined years of economic, legal and regulatory experience in federal consumer financial law. In…

Consumer Class Defense Blog

Consumer Lending and CFPB Regulation in The Biden-Harris Era

By David M. Bizar, Tonya M. Esposito & J. Patrick Kennedy

February 19, 2021

With the Democrats in control of the House, the Senate, and the White House, combined with the ongoing effect of COVID-19’s effect of consumer lending, we anticipate a heightened focus on consumer protection issues and financial services enforcement at every level in 2021. President Biden recently appointed FTC Commissioner Rohit Chopra to head the Consumer Financial Protection Bureau (CFPB). As we await Chopra’s Senate confirmation process, there is much to consider in terms of what…

Consumer Class Defense Blog

Reigning in Consumer Class Actions: Ninth Circuit Focuses on Need to Provide Concrete Facts to Support Alleged Injury in Fact for Article III Standing

By Alexandra V. Drury, Giovanna A. Ferrari & Michael S. Mahoney

February 8, 2021

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Background A recently decided Ninth Circuit case provides additional guidance for defendants looking to challenge standing in consumer class actions. In, McGee v. S-L Snacks National, Plaintiff brought a putative class action asserting claims of unfair competition, nuisance, and breach of the implied warranty of merchantability arising from her contention that her popcorn brand of choice, Pop Secret from Diamond Foods, contained trans-fat. Even though trans-fat was a listed ingredient, Plaintiff argued that it caused…

Consumer Class Defense Blog

Employers Take Note – New York Introduces A Biometric Information Privacy Bill Identical To The Illinois BIPA

By Gerald Maatman, Jr., Thomas E. Ahlering & Paul Yovanic Jr.

January 13, 2021

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Seyfarth Synopsis: The New York state legislature recently introduced a standalone biometric information privacy bill, AB 27, that mirrors Illinois’ Biometric Information Privacy Act (740 ILCS § 14/1 et seq., “BIPA”), which has spawned thousands of class actions in the Land of Lincoln. If enacted, The New York bill would become only the second biometric privacy act in the United States to provide a private right of action and plaintiffs’ attorneys’ fees for successful…

Consumer Class Defense Blog

FCC Imposes New Limits on TCPA Exemptions Affecting Residential Landline Calls

By Jordan Vick & Bessie Fakhri

January 13, 2021

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The Telephone Consumer Protection Act (TCPA) generally restricts making certain non-emergency calls to cellular phones and landlines, among other things, without the called party’s consent. However, the Federal Communications Commission (FCC) has created a number of exemptions on which business have come to rely. A new FCC Order significantly limits those exemptions. Background The TCPA places different restrictions on making calls without the called-party’s consent, depending on the type of telephone line used. For instance,…

Consumer Class Defense Blog

U. S. Supreme Court to Consider Article III Standing for Absent Class Members in Review of Ninth Circuit Decision

By Esther Slater McDonald, Kristine Argentine & Emily Kesler

January 11, 2021

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The United States Supreme Court has again granted a petition to examine standing in the context of class actions, specifically whether Article III of the Constitution permits members of a certified class to recover money damages when members of the certified class suffered no actual injury. This issue was presented to the Supreme Court after the Ninth Circuit issued an opinion and order in Ramirez v. TransUnion LLC, 951 F.3d 1008 (9th Cir. 2020), finding…

Consumer Class Defense Blog

Greg Markel and Gina Ferrari Pen Cover Article for Practical Law Magazine

By Gregory Markel & Giovanna A. Ferrari

December 16, 2020

Greg Markel and Gina Ferrari wrote “Settling Securities Class Actions,” the cover article for the December issue of Practical Law magazine. You can view the article here. We hope you find this article helpful and insightful. In this article, Greg and Gina discuss the various tactical and strategic questions and concerns that can affect the success of reaching a good settlement in a securities class action case. The article includes details that are important…

Consumer Class Defense Blog

Seyfarth Attorneys Present to the Association of National Advertisers’ Brand Activation Legal Committee

By Renee B. Appel, Tracee E. Davis, Tonya M. Esposito, Joe Orzano, Jeremy Schachter, John Tomaszewski & Ken Wilton

December 15, 2020

Seyfarth attorneys Renée Appel, Tracee Davis, Tonya Esposito, Joe Orzano, Jeremy Schachter, John Tomaszewski, and Ken Wilton will present at the Association of National Advertisers’ Brand Activation Legal Committee meeting on December 17, 2020. The team will present on the following topics: Updates in false advertising litigation, including, consumer class actions, Lanham Act litigation, and cases at the National Advertising Division Updates to the regulatory landscape, including the latest from the FTC and State AGs Updates in…

Consumer Class Defense Blog

California Court Of Appeal Concludes There Is No Private Right Of Action Under The State’s Auto-Renewal Law

By Robert B. Milligan & Sierra J. Chinn-Liu

November 23, 2020

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On September 11, 2020, the California Court of Appeal issued a decision with two crucial holdings limiting the scope of California’s Automatic Renewal Law (ARL), Business and Professions Code sections 17600, et seq. In Mayron v. Google LLC, No. H044592, 2020 WL 5494245 (Cal. Ct. App. Sept. 11, 2020), one of the first cases to put the State’s infamous ARL to the test, the Court of Appeal clarified that: (1) there is no private right…

Consumer Class Defense Blog

Eleventh Circuit Ends “Routine” Practice of Awarding Incentive Payments to Named Class Representatives

By Emily Kesler

September 21, 2020

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It is not atypical for class actions to be brought seeking damages that can be characterized as nominal in nature. An oftentimes powerful incentive for potential class representatives to put their names on a putative class action is the promise of an incentive payment or award, paid to the class representative out of a class settlement fund purportedly to compensate the named plaintiff for work done on behalf of a class and assumption of those…

Consumer Class Defense Blog

A Practicable Legal Blog on Consumer Class Actions

Blog Authors

Consumer Financial Protection Board Taskforce issues 900-page Report with Broad Recommendations in Waning Days of Trump Administration

Consumer Lending and CFPB Regulation in The Biden-Harris Era

Reigning in Consumer Class Actions: Ninth Circuit Focuses on Need to Provide Concrete Facts to Support Alleged Injury in Fact for Article III Standing

Employers Take Note – New York Introduces A Biometric Information Privacy Bill Identical To The Illinois BIPA

FCC Imposes New Limits on TCPA Exemptions Affecting Residential Landline Calls

U. S. Supreme Court to Consider Article III Standing for Absent Class Members in Review of Ninth Circuit Decision

Greg Markel and Gina Ferrari Pen Cover Article for Practical Law Magazine

Seyfarth Attorneys Present to the Association of National Advertisers’ Brand Activation Legal Committee

California Court Of Appeal Concludes There Is No Private Right Of Action Under The State’s Auto-Renewal Law

Eleventh Circuit Ends “Routine” Practice of Awarding Incentive Payments to Named Class Representatives

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