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Mass. SJC Holds Attorney for Deceased Named Putative Class Plaintiff Could Not Act for Putative Class

The Massachusetts Supreme Judicial Court, the state’s highest court, recently held that (1) the attorney for a named putative class plaintiff who is deceased does not have authority to act on behalf of the deceased plaintiff absent a motion by the deceased’s legal representative; and (2) in limited circumstances, trial courts may sua sponte order notice to putative class members prior to certification only when absent notice the putative class members would face significant prejudice.

State Privacy Legislation Update: What Happened in March, What’s Ahead, and What’s Dead

There remain over 30 comprehensive consumer data privacy bills pending in the states, but some are falling off the chart as the legislative sessions come to an end.  While the number of active bills is decreasing, there is one new state data privacy law, and others that continue to show movement. 

8th Cir. Holds Text Marketing System Was Not ATDS Under TCPA

Following the Supreme Court of the United States ruling in Facebook, Inc. v. Duguid, the U.S. Court of Appeals for the Eighth Circuit recently affirmed the rulings of multiple trial courts to grant summary judgment in favor of the defendants, holding that an automated marketing system that sends promotional text messages to phone numbers randomly selected from a database of customers' information is not an automated telephone dialing system (ATDS) under the federal Telephone Consumer Protection Act.

Credit Reporting Agencies Begin to Roll Out Guidance to Data Furnishers on How to Treat, Report Medical Debt

In an update to an article we published earlier this week regarding the three major credit reporting agencies Equifax, Experian and TransUnion issuing a joint statement last week regarding how medical debt will be treated and reported on consumer credit reports, those agencies provided further clarification to data furnishers on March 22.