Cannabis companies are increasingly the targets of putative class action lawsuits brought under the Telephone Consumer Protection Act (TCPA). Dozens of lawsuits alleging TCPA violations have been filed against cannabis industry participants, including marketers, and lawsuits continue to be filed
Consumer Class Defense Counsel
The Consumer Class Defense Counsel blog, published by Foley & Lardner LLP, focuses on legal issues related to defending consumer class actions. It covers topics such as class certification challenges, damages and injury analysis in class claims, consumer product labeling and safety regulations, compliance with federal consumer protection laws, and recent court decisions impacting class action settlements and attorneys' fees. The blog also addresses regulatory developments affecting manufacturers and importers of consumer products, including safety standards and labeling requirements. It provides insights into litigation strategies, regulatory compliance, and evolving legal standards in consumer class defense matters.
Latest from Consumer Class Defense Counsel - Page 6
Proposed SAFE TO WORK Act Offers Protections to Businesses Impacted by COVID-19
The ongoing COVID-19 pandemic has brought with it a surge of class action lawsuits targeting fitness clubs, entertainment venues, educational institutions, manufacturers of consumer products, and insurance companies, among others. When we last reported on this trend in late July,…
Creditors Must Continue to Take Proper Care under the CARES Act
Recently, the Consumer Financial Protection Bureau (CFPB) issued a compliance aid that addresses frequently asked questions related to the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) and the COVID-19 pandemic. The compliance aid provides further interpretation of a…
Blackmailer Beware: Seventh Circuit Disgorges Class Objectors' Inequitable Settlement Proceeds
The Seventh Circuit held last Thursday that individuals who object to a class action settlement voluntarily assume a limited fiduciary duty to other class members, which they can breach by settling their classwide objections for personal profit. The decision in…
COVID-19 Related Class Actions Arising from Club Closures: A Look at Three Cases
As businesses around the country slowly start to reopen after COVID-19 closures caused by state and local government-mandated operation restrictions, plaintiffs have flocked to the courts filing class actions against membership clubs that did not fully refund fees charged while…
Ninth Circuit Rules That the Class Action Fairness Act Cannot Cure Jurisdictional Defects in Magnuson-Moss Warranty Act Claims
The Class Action Fairness Act of 2005 (“CAFA”) greatly expanded federal subject matter jurisdiction over class action lawsuits. By providing for diversity jurisdiction where the parties are not completely diverse (i.e., where some defendants have the same citizenship as some…
Survey Results Confirm Foley & Lardner LLP’s Prediction Regarding Uptick in Class Action Lawsuits
The results of the ninth annual Carlton Fields Class Action Survey confirms Foley & Lardner LLP’s recent forecast that businesses should be prepared for a sharp uptick in class action lawsuits. Even pre-pandemic, there was an upward trend in class…
Supreme Court TCPA News: Government Debt Collectors Beware and Autodialers Under Review
The Supreme Court is showing interest in the Telephone Consumer Protection Act (TCPA), which is designed to control certain unwanted calls, and which over the last decade has been a favored tool of the plaintiffs’ bar to collect large class…
Second Circuit Says Post-Litigation Notice of Arbitration Clause Sufficient to Bind Plaintiff
In a putative class action against Amazon, Nicosia v. Amazon.com, Inc., the Second Circuit recently issued a ruling (“Nicosia II”) sending the named plaintiff’s claims to arbitration based on an arbitration clause contained in Amazon’s conditions of use. …
California’s Ascertainability Requirement Following Noel v. Thrifty Payless, Inc.
On May 29, 2020, the Fifth Appellate District of the California Court of Appeal issued an unpublished opinion discussing the state court ascertainability requirement for class certification in Manmohan Dhillon v. Anheuser-Busch, LLC, pending in the Superior Court of California…