TCPA class actions based on the receipt of unsolicited text messages have grown more common in recent years.  However, the Eleventh Circuit’s decision in Salcedo v. Hanna, may upend that trend by holding that a single unsolicited text message did not generate the harm necessary to satisfy Article III standing to sustain a Telephone Consumer Protection Act (“TCPA”) claim.

In Salcedo, the Eleventh Circuit reviewed its own precedent, the legislative history of the TCPA, and the Supreme Court’s decision in Spokeo v. Robins, 136 S. Ct. 1540 (2016)—which concluded that plaintiffs must allege concrete injuries and could not … Continue Reading

Below, Richmond-based litigators Bryan A. Fratkin and Heidi E. Siegmund examine the Seventh Circuit’s recent holding that an employment applicant’s missed opportunity to address a background check constitutes sufficient injury to confer standing. 

On August 29, the Seventh Circuit reentered the multi-front fray that has broken out among lower courts in the wake of the Supreme Court’s 2016 decision in Spokeo v Robins, 136 S. Ct. 1540 (2016).  Robertson v. Allied Solutions began with a familiar fact pattern:  Robertson applied for a job with Allied, and Allied decided not to hire her based on a negative, but accurate, background … Continue Reading

LA-based commercial litigator Arsen Kourinian has provided us with some timely notes from last week’s consumer finance litigation conference in Chicago:

On July 16 and 17, 2018, the American Conference Institute (ACI) hosted its 30th National Forum on Consumer Finance Class Actions and Government Enforcement in Chicago. The 2018 conference was well attended by many legal professionals, including in-house counsel, defendants’ and plaintiffs’ counsel, state and federal prosecutors and regulators, and federal judges. Themes covered at the conference included in-house counsel perspectives on aligning litigation costs with business goals, the nature of federal and state enforcement actions by state … Continue Reading

With the year ending, and McGuireWoods’s webinar next week on class actions’ Hot Issues of 2017 approaching, this seems like a good time to take note of a few of the trends we have seen arising in class actions over the last year.  Consider these appetizers for the main course on December 19.  So, with no further ado, here’s a taste of four ways in which class action lawyers have dealt with the Supreme Court’s ruling in Spokeo v. Robins in 2017.

Emerging Circuit split over data breaches? Appellate courts are split in interpreting Spokeo, particularly with regard to data … Continue Reading

Chicago-based litigators Sarah Zielinski and Jason Chrestionson bring us an update on the issue of individualized inquiry and Article III’s injury-in-fact requirement under the Supreme Court’s landmark decision in Spokeo, Inc. v. Robins.

Earlier this year, the Northern District of Illinois declined to certify a Telephone Consumer Protection Act (TCPA) class action even though the key issue in the case—whether class members had provided prior express written consent to receive prerecorded telemarketing calls—appeared to be a common question.  In Legg. v. PTZ Insurance Agency, Ltd., it seemed apparent “that none of the proposed class members” provided prior express … Continue Reading

Today, we at Class Action Countermeasures are proud to post an analysis of the recent Target litigation appellate opinion by members of our class action and data privacy groups: Laura A. LangeShawna J. English, and Bethany Lukitsch.

The $10 million settlement class in the Target data breach case was unraveled by the Eighth Circuit Court of Appeals in a recent decision that will force the district court to address the impact of the Supreme Court’s decision in Spokeo v. RobinsThe Eighth Circuit remanded the case to the district court, finding that the lower court Continue Reading

Telephone Consumer Protection Act litigators Sarah Zielinski, Laura Lange, and Shawna English bring us an update on the role the Supreme Court’s decision in Spokeo, Inc. v. Robins (previously covered here) played in the recent dismissal of a TCPA case in California federal district court for lack of standing.  We’ll continue to monitor developments in the months to come.… Continue Reading

On May 16, 2016, the U.S. Supreme Court held in Spokeo, Inc. v. Robins that a bare procedural violation of a statutory requirement, divorced from any concrete harm, does not establish the injury-in-fact necessary to maintain a lawsuit in federal court.  The Court acknowledged, however, that an alleged violation of a procedural statutory right could establish the requisite concrete injury if the violation creates “a risk of real harm.”

The Supreme Court’s ruling has been much anticipated by both sides of the class-action bar. All interested parties must continue to watch and wait, it appears, as the Ninth Circuit will … Continue Reading

Plaintiff and defense lawyers tend to talk past each other a lot when discussing the legal theories underlying the class action. Plaintiffs talk of deterrence, and the need for easier certification requirements. Defendants talk about potential abuses of the device, and the need for due process. Plaintiffs prefer the "entity theory" of class actions. Defendants prefer the "joinder" theory. So to find academics on either side agreeing to anything substantive can be quite rare.

And that’s why it is notable that two law professors–from different ends of the spectrum–are now arguing that courts should look at class actions as trustsContinue Reading

 Brenda Kennedy was hospitalized in 2009 for four days. She had an insurance policy from United American that paid benefits for each day that she spent in the hospital, and she assigned those benefits to the hospital. When she received her hospital bill, she discovered that it had only covered three days, not four. So she bought a class action on behalf of everyone who received benefits from the policy.

United American moved to dismiss the case because Ms. Kennedy had not received benefits herself; she had assigned them to the hospital. The court agreed with the argument, but stayed … Continue Reading