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Posts tagged as “Ninth Circuit”

9th Cir. Holds ‘Net Impression’ Test Applies to CFPA Actions for Deceptive Solicitations

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court’s ruling in favor of the Consumer Financial Protection Bureau against a company and its owner that provided fee-based scholarship and financial aid services to prospective and current college students.

9th Cir. Holds Mass Communication Through Social Media Can Constitute Solicitations Under Securities Act of 1933

In an opinion that could have serious adverse effects for social media influencers, the Ninth Circuit recently reinstated litigation against influencer and real estate syndicator Grant Cardone and his company, Cardone Capital, LLC, holding that Section 12 of the Securities Act of 1933 does not require that a solicitation be directed or targeted to a particular plaintiff.

9th Cir. Holds TCPA Autodialer Must Generate and Dial Random or Sequential Phone Numbers

The U.S. Court of Appeals for the Ninth Circuit recently affirmed the trial court’s dismissal of a putative class action suit brought under the federal Telephone Consumer Protection Act because another panel of the Ninth Circuit had previously held that an autodialer must generate and dial random or sequential telephone numbers under the TCPA's plain text.

9th Cir. Holds Companies Can Sue Under ATDS Provisions of TCPA, Mixed-Use Cell Phones Can Be ‘Residential’

The U.S. Court of Appeals for Ninth Circuit recently reversed a trial court’s judgment dismissing a federal Telephone Consumer Protection Act complaint brought by a group of home improvement contractors for lack of statutory standing.

9th Cir. Denies Plaintiffs’ Remand Motion, Holds FCRA ‘Informational and Privacy Interests’ Sufficient for Standing

The U.S. Court of Appeals for the Ninth Circuit recently affirmed the trial court's denial of a motion for a remand to state court and the dismissal of the plaintiffs' class action suit alleging violations of the federal Fair Credit Reporting Act by a credit reporting agency. 

9th Cir. Holds Defendant’s Interpretation of FCRA Not ‘Negligent’ or ‘Willful’

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court's grant of summary judgment in favor of a credit reporting agency, holding that the plaintiff consumer failed to present sufficient evidence that the agency violated the federal Fair Credit Reporting Act willfully or negligently, as required for liability.