Searching Content indexed under Consumer Law by Archis Parasharami ordered by Published Date Descending.
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Ninth Circuit Creates Circuit Split On What Counts As An Autodialer Under The TCPA
The key question in many Telephone Consumer Protection Act lawsuits is whether the equipment used to call the plaintiff constitutes an autodialer ...
United States
11 Oct 2018
Congress Votes To Invalidate CFPB's Anti-Arbitration Rule
The anti-arbitration rule issued by the Consumer Financial Protection Bureau in July is now just one short step away from elimination.
United States
25 Oct 2017
Ninth Circuit Questions Validity Under California Law Of Contract Terms Enclosed With Products
A panel of the US Court of Appeals for the Ninth Circuit has held that, under California law, the inclusion of an arbitration provision in the warranty brochure enclosed with a product does not create a binding arbitration agreement between the purchaser and the manufacturer when the existence of contract terms is not adequately disclosed to the purchaser.
United States
30 Jan 2017
D.C. Circuit Weighing FCC's Controversial 2015 TCPA Declaratory Ruling
Today, a panel of the D.C. Circuit—composed of Judges Srinivasan and Pillard and Senior Judge Edwards—heard argument in ACA International v. FCC.
United States
19 Oct 2016
The CFPB's Proposed Anti-Arbitration Rule
The rule just proposed by the Consumer Financial Protection Bureau to regulate arbitration agreements is not a surprise: the Bureau has said for months that it was developing such a rule.
United States
16 May 2016
Time To Prepare For The CFPB's Proposed Rule Imposing A De Facto Ban On Arbitration In The Consumer Financial Services Sector
The CFPB is about to issue a rule that, if it goes into effect, will effectively eliminate these arbitration programs.
United States
14 Apr 2016
Supreme Court Holds That An Unaccepted Offer Of Judgment Doesn't Moot A Class Action
The district court denied this motion, but later granted summary judgment for Campbell-Ewald on the ground that Campbell-Ewald, as a naval contractor, enjoyed sovereign immunity. Gomez appealed, and the Ninth Circuit held that both Gomez's claim and the putative class claims remained live. The court of appeals also vacated the district court's sovereign immunity ruling.
United States
21 Jan 2016
Getting to "Yes": Ninth Circuit Provides Guidance on Formation of "Browsewrap" Arbitration Agreements
In the three years since AT&T Mobility LLC v. Concepcion, courts have largely been rejecting substantive attacks on arbitration agreements that waive class actions.
United States
26 Aug 2014
Wall Street Journal Editorial Discusses Mayer Brown Study of Class Action Litigation
Much of the debate over class actions has focused on anecdotes and theory rather than data. In an effort to bring objective evidence to the discussion, Mayer Brown recently conducted an empirical study of 148 consumer and employment class actions filed in or removed to federal court in 2009.
United States
31 Dec 2013
Annual Report on "Judicial Hellholes"
The American Tort Reform Association has released its annual report on "Judicial Hellholes"—a term it popularized for jurisdictions in which defendants often contend that they can’t get a fair shake.
United States
31 Dec 2013
Arizona District Court Enforces Contractual Provision Shortening Statute Of Limitations Period
On August 15, 2012, a federal court in Arizona dismissed a putative class action asserting false-advertising claims against internet domain-name registrar
United States
24 Aug 2012
California Court Of Appeal Rejects NLRB’s View That Federal Labor Law Prevents Use Of Class Waivers In Employment Arbitration Provisions
Twice in as many months, the California state appellate courts have enforced an arbitration agreement requiring arbitration of wage-and-hour claims on an individual basis.
United States
25 Jul 2012
Enforceability of Arbitration Agreement in Antitrust Context Sharply Divides Second Circuit
Last Term, the US Supreme Court held in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011),
United States
31 May 2012
Seventh Circuit Holds That Companies Are Liable Under Telephone Consumer Protection Act For Placing Automated Calls To Reassigned Numbers
In a case with potentially wide-ranging implications for compliance with the Telephone Consumer Protection Act (TCPA), the US Court of Appeals for the Seventh Circuit has held that an entity that places an automated call to a reassigned number without the prior express consent of the new recipient is liable for statutory damages even if the previous subscriber with that number had consented to the automated calls.
United States
17 May 2012
U.S. Court of Appeals for the Seventh Circuit Holds that Statute of Limitations Is Tolled During Pendency of Earlier, Voluntarily Dismissed Class Action
In "Sawyer v. Atlas Heating and Sheet Metal Works, Inc.", 2011 WL 2039663 (7th Cir. May 26, 2011), the Seventh Circuit held that, under the so-called "American Pipe" rule, statutes of limitations are tolled during the pendency of a putative class action that the plaintiff voluntarily dismisses before a determination of whether a class may be certified.
United States
16 Jun 2011
Eleventh Circuit Deepens Circuit Split, Holding That District Courts Must Resolve Daubert Challenges To Experts Before Ruling On Class Certification
In a recent unpublished decision, the U.S. Court of Appeals for the Eleventh Circuit held that district courts must resolve Daubert challenges to expert testimony proffered in support of class certification before resolving a motion to certify the class.
United States
20 Apr 2011
Federal Court Dismisses Some But Not All Claims in False-Advertising Class Action Against Maker of Guacamole Dip
A federal district court in California has dismissed some but not all of the claims in a class action against a food manufacturer alleging that the labeling on guacamole and bean dip is deceptive in violation of California consumer protection laws.
United States
20 Apr 2011
Seventh Circuit Holds That Class Representative's Credibility Problems May Render Him an Inadequate Representative
The U.S. Court of Appeals for the Seventh Circuit has held that doubts about the truthfulness of a putative class representative’s deposition testimony must be investigated in order to determine whether that representative can satisfy the requirement of Federal Rule of Civil Procedure 23(a)(4) that he be "adequate" to represent the class.
United States
19 Apr 2011
Seventh Circuit Clarifies That Defendants May Remove Class Actions Unless It Is "Legally Impossible" For $5 Million Or More To Be At Stake
The U.S. Court of Appeals for the Seventh Circuit has held that federal courts have jurisdiction over a class action that has been removed from state court when a defendant estimates that the $5 million amount-in-controversy requirement has been met, unless the plaintiff can show that it would be legally impossible to recover that amount.
United States
19 Apr 2011
Seventh Circuit Decertifies Class Seeking Injunctive Relief In Insurance Case
The Seventh Circuit Court of Appeals has reiterated that plaintiffs must satisfy a high burden in seeking to certify a class requesting injunctive relief under Federal Rule of Civil Procedure 23(b)(2).
United States
2 Mar 2011
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