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Second Circuit holds that class action seeking “meaningless” relief shouldn’t...
We’ve often argued that when the principal rationale for approving a low-value class settlement is that the claims are weak, that is a signal that the case should not have been filed as a class action...
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DC Circuit invalidates FCC’s opt-out requirement for solicited faxes
Good news for businesses that use fax machines to communicate with customers: A panel of the D.C. Circuit has just struck down the FCC’s 2014 order mandating that even faxes requested by the recipient...
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New California Consumer Privacy Act increases the risk of additional data...
The California legislature made headlines on June 28 when it passed—and the Governor signed—AB 375, a sweeping new data privacy bill known as the “California Consumer Privacy Act.” As further described...
View ArticleSeventh and Eleventh Circuits Reject, But Second Circuit Follows, Ninth...
One of the most hotly-contested issues in litigation under the Telephone Consumer Protection Act (TCPA) is what equipment counts as an “automatic telephone dialing system” (ATDS) triggering the TCPA’s...
View ArticleFederal Government Acknowledges Undue Risk of Potentially Massive Liability...
Tomorrow, the Supreme Court will hear argument in United States v. Bormes, a case that apparently has not captured the attention of most class action practitioners. That’s understandable: The question...
View ArticleAre Class Actions Unconstitutional? Yes (At Least Sometimes)
A few months ago, my colleagues Kevin Ranlett, Phil Dupré, and I began writing a six-part series for Inside Counsel on potential constitutional challenges to class-action lawsuits. The series is now...
View ArticleIs There New Hope for Challenging Aggregated Statutory Damages?
Congress and state legislatures have enacted many statutes that provide for minimum statutory damages recoveries that are far in excess of the actual damages most individuals will suffer. A prominent...
View ArticleCert Petition Asks Supreme Court To Decide Whether Congress Can Allow...
For years, defendants have argued that federal courts may not entertain class-action lawsuits when the plaintiff does not allege that he or she suffered any concrete personal harm and instead relies...
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