The Fair and Accurate Credit Transactions Act prohibits merchants from including, among other information, credit- and debit-card expiration dates on printed receipts. After this provision originally became effective in 2004, plaintiff class-action firms flooded courts with expiration date lawsuits, which courts and others “met with varying degrees of contempt.”
Posts tagged as “Class Actions”
The U.S. Court of Appeals for the Sixth Circuit recently held that a lawsuit brought by the attorney general of Michigan on behalf of Michigan residents did not qualify as a “class action” under the federal Class Action Fairness Act (CAFA).
The U.S. Court of Appeals for the Sixth Circuit recently reversed the dismissal of a homeowner’s claims against her hazard insurer related to its deduction for costs of labor as “depreciation” in determining its net payment for damage to the home.
The U.S. Court of Appeals for the Ninth Circuit recently held that the trial court had Article III jurisdiction and did not abuse its discretion in approving a settlement between a social media company and a nationwide class of its users who alleged that the social media company routinely scanned and collected their private information without their consent.
The Maryland Court of Appeals recently held that victims on whose behalf money is collected or property is recovered by the Maryland Consumer Protection Division of the Attorney General's Office (CPD) or federal Consumer Financial Protection Bureau have no authority, through a private settlement, whether or not approved by a court, to preclude the CPD or CFPB from pursuing their own remedies.
The Supreme Court of Illinois recently held that an effective tender made prior to a class certification motion, which satisfies the named plaintiff’s individual claim, moots her interest in the litigation and ends the matter.
In a case of first impression, the U.S. Court of Appeals for the Fifth Circuit recently held that the protections against default judgment under the Servicemembers Civil Relief Act (SCRA) do not apply to the seizure and sale of real property in in rem proceedings under Louisiana law where the debtors have agreed to a confession of judgment in the mortgage or security agreement.
The U.S. Court of Appeals for the Fifth Circuit recently reversed certification of a consumer class alleging that a debt collection letter violated the federal Fair Debt Collection Practices Act (FDCPA).
The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court’s order reducing the amount of attorneys’ fees requested by class counsel by cutting the number of hours expended by class counsel by 25%.
The U.S. Court of Appeals for the Seventh Circuit recently affirmed judgment in favor of a debt buyer and debt collector against a consumer debtor alleging that the collector’s debt collection letter violated the federal Fair Debt Collection Practices Act.
The U.S. Court of Appeals for the Fifth Circuit recently held that putative class members were not entitled to tolling under Florida’s statute of limitations because the federal rule of tolling for putative class members did not override the Florida statute.
The U.S. Court of Appeals for the Eighth Circuit recently reversed certification of a nationwide class involving allegedly deceptive advertising practices, holding that certification of a national class was inappropriate because the consumer protection laws of each class member’s home state governed their claims. The Eighth Circuit further held that class treatment was inappropriate due to the trial court’s failure to conduct separate choice of law analyses for the consumer class’s breach of warranty and unjust enrichment claims. A copy of the opinion in Hale v. Emerson Electric Company is available at: Link to Opinion. A group of consumers brought…