On December 16, 2019, the United States Supreme Court declined to review Krakauer v. Dish Network LLC, thus leaving unresolved a circuit split regarding Article III standing under the Telephone Consumer Protection Act...more
“The chirp, buzz, or blink of a cell phone receiving a single text message is more akin to walking down a busy sidewalk and having a flyer briefly waved in one’s face. Annoying, perhaps, but not a basis for invoking the...more
On Wednesday, August 7, 2019, Seyfarth partners Robert Milligan and Joseph Escarez reviewed the latest consumer class action law developments affecting companies that do business in California. It is no secret that...more
8/19/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Ascertainable Class ,
ATDS ,
Best Practices ,
Class Action Arbitration Waivers ,
Constitutional Challenges ,
Disclaimers ,
FCC ,
Free Speech ,
Putative Class Actions ,
Renewal Options ,
Risk Management ,
Subscription Services ,
TCPA ,
Vagueness
Although Congress created the Consumer Financial Protection Bureau (“CFPB”) nearly a decade ago, constitutional challenges to its leadership structure remain ongoing. Until recently, only the D.C. Circuit had ruled on the...more
After recently hearing oral argument in Lamps Plus Inc. v. Varela, the United States Supreme Court is set to decide whether the Federal Arbitration Act forecloses a state-law interpretation of an arbitration agreement that...more
On March 16, 2018, the D.C Circuit issued a decision invalidating portions of the FCC’s 2015 TCPA Omnibus Declaratory Ruling and Order....more
Seyfarth Synopsis: Ninth Circuit upholds district court decision granting five businesses injunctive relief, finding that state law banning credit card surcharges is unconstitutional as applied to the five businesses.
...more
1/11/2018
/ Constitutional Challenges ,
Credit Card Surcharges ,
Credit Cards ,
Debit and Credit Card Transactions ,
Due Process ,
Financial Services Industry ,
First Amendment ,
Fourteenth Amendment ,
Free Speech ,
Injunctive Relief ,
Merchants ,
Retail Market ,
Retailers ,
Truth in Lending Act (TILA)
The Supreme Court in Expressions Hair Design et al. v. Schneiderman held that New York’s law prohibiting credit card surcharging (General Business Law §5 18) regulates speech, and on Wednesday asked the Second Circuit to...more