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Posts tagged as “Class Actions”

8th Cir. Rejects Challenge to Advertised Discounts as ‘Deceptive’

The U.S. Court of Appeals for the Eighth Circuit recently upheld the dismissal of a putative class action challenging an advertised discount as supposedly deceptive. In so ruling, the Eighth Circuit held that the named plaintiff's allegations failed to meet the "ascertainable loss" requirement under the Missouri Merchandising Practices Act.

11th Cir. Holds ‘Actual Damages’ Not Required for ‘Willful’ Violations of FCRA

The U.S. Court of Appeals for the Eleventh Circuit recently held that a trial court's denial of a motion for class certification was an abuse of discretion because the trial court’s analysis of Rule 23(b)(3)’s predominance requirement was based on its erroneous interpretation of the second option in section 1681n(a)(1)(A) of the federal Fair Credit Reporting Act as requiring a showing of actual damages.

7th Cir. Rejects CAFA Removal Under ‘Internal-Affairs’ and ‘Home-State Controversy’ Exceptions

The U.S. Court of Appeals for the Seventh Circuit recently held that a putative class action removed to federal court under the Class Action Fairness Act lacked federal jurisdiction because it fell within CAFA’s "internal-affairs" and "home-state controversy" exceptions.

2nd Cir. Reverses Class Settlement Citing Various Errors Under Rule 23, CAFA

The U.S. Court of Appeals for the Second Circuit recently reversed a trial court's approval of a settlement in a class action case because the trial court presumed the fairness, adequacy, and reasonableness of the proposed settlement on the grounds the settlement was negotiated to at arm's-length failed to assess the fairness, adequacy, and reasonableness of the agreed to attorneys’ fees and incentive payment, and erred in determining the class relief did not constitute "coupons" under the federal Class Action Fairness Act (CAFA).

Calif. App. Court (4th Dist) Reverses Dismissal, Holds Rosenthal Act Covers Debts ‘Alleged to be Due and Owing’

The Court of Appeal of California (Fourth District) recently reversed a trial court’s dismissal of a putative class action alleging a solar energy system provider violated the Rosenthal Act, California’s parallel version of the federal Fair Debt Collection Practices Act.

9th Cir. Holds TCPA ‘Prerecorded Voice’ Did Not Apply to Text Messages

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court’s dismissal of a putative class action brought under the federal Telephone Consumer Protection Act. In so ruling, the Ninth Circuit held that the text messages at issue did not use “prerecorded voices” under the TCPA because they did not include audible components.

Illinois Supreme Court Rules Separate Claims Accrue Under BIPA for Each Alleged Violation

The Illinois Supreme Court, after receiving a certified question from the U.S. Court of Appeals for the Seventh Circuit, recently held that a separate claim accrues under the Illinois Biometric Information Privacy Act each time a private entity improperly scans or transmits an individual’s biometric identifier or information.

9th Cir. Vacates Summary Judgment in Favor of Defendant for CAFA ‘Amount in Controversy’ Deficiencies

The U.S. Court of Appeals for the Ninth Circuit recently held that it could sua sponte question a defendant’s assertions of jurisdiction under the federal Class Action Fairness Act, and that the record did not sufficiently demonstrate that CAFA’s amount-in-controversy requirement was met here because the requisite $5 million amount was not evident from the face of the complaint nor the defendant’s notice of removal and supporting declaration.