The U.S. Court of Appeals for the Seventh Circuit recently rejected a rather unusual argument for a plaintiff in federal court. The plaintiff asserted she lacked Article III standing to pursue her claim, and did so as a basis for
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 7
Top Eight Action Items for Educational Institutions to Avoid, Prepare for, and Resolve COVID-19 Class Actions
Dozens of class action lawsuits have been filed against educational institutions since March and more are expected. Although each lawsuit attacks a specific institution’s individualized response to the COVID-19 pandemic, the lawsuits generally allege breach of contract, along with common…
Twin Ninth Circuit Opinions Clarify FCRA Disclosure Requirements for Employers
The Fair Credit Reporting Act (FCRA) can at times present a minefield for employers across industries to navigate when it comes to consumer reports used in candidate and employee background checks. The FCRA permits employers to obtain such reports for…
Paid Sick Leave for Employers of All Sizes – States Begin Covering the Gaps in the Federal Emergency Paid Sick Leave Act
As we have discussed, there are notable gaps in the recently passed Federal Emergency Paid Sick Leave Act, including exemptions for employers with under 50 and over 500 employees. Accordingly, some states have been working to address those gaps.…
Fourth Circuit Applies Spokeo to Bar RESPA Section 8 Class Action Claim
On March 13, the Fourth Circuit Court of Appeals rejected plaintiffs’ claim in a class action under Section 8 of the Real Estate Settlement Procedures Act (RESPA), which imposes a broad prohibition against referral fees or kickbacks in the real…
Seventh Circuit Weighs in on Vicarious Liability Under TCPA
Last month, the United States Court of Appeals for the Seventh Circuit clarified the application of common-law vicarious liability principles to TCPA class actions in Warciak v. Subway Restaurants, Inc., 2020 WL 559105 (7th Cir. Feb. 5, 2020). The lawsuit…
D.C. Circuit Rejects Class Certification, But Avoids Joining Circuit Split Over Evidentiary Standards for Class Certification
The D.C. Circuit avoided taking a side in the widening circuit split over the evidentiary standards applicable to expert testimony at the class certification stage. In In re Rail Freight Fuel Surcharge Antitrust Litig. – MDL No. 1869, 934 F.3d…
Opioid MDL Judge Considers Request to Certify Unprecedented Nationwide Class Of Government Entities To Negotiate Settlement
The federal district judge overseeing a nationwide multidistrict litigation (“MDL”) matter comprised of nearly 2,000 individual lawsuits brought against opioid manufacturers and distributors is considering a proposal by local government plaintiffs to certify a nationwide “Negotiation Class” for the purpose…
Real Estate Industry Facing Threat of New TCPA Class Actions
Real estate businesses should be aware that they may be the target of new class action lawsuits under the Telephone Consumer Protection Act (“TCPA”), which has the potential for significant liability exposure. Businesses in other industries hit with TCPA lawsuits…
Recent Decision from District of Oregon Denying Enhanced Damages Underscores Vast Liability Exposure Under the TCPA
Businesses that communicate with consumers through telemarketing calls, text messages or faxes to residential telephone lines, cellular telephones, or fax machines, are likely familiar with the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 (“TCPA”). If not, they…