Although courts across the country agree that “a plaintiff class should not be certified unless membership therein is ‘adequately defined and clearly ascertainable,’” the extent of what a plaintiff must provide to satisfy...more
Following the Supreme Court’s ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. May 16, 2016), it is clear that “Article III standing requires a concrete injury even in the context of a statutory violation,” such that a...more
7/12/2016
/ Article III ,
Cell Phones ,
Corporate Counsel ,
Debt Collection ,
Delinquent Borrowers ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
Invasion of Privacy ,
Nuisance ,
Popular ,
Right to Privacy ,
SCOTUS ,
Spokeo ,
Spokeo v Robins ,
Standing ,
Summary Judgment ,
TCPA ,
Wells Fargo
In a much-anticipated decision, the United States Supreme Court ruled on Monday in Spokeo, Inc. v. Robins, No. 13-1339, 2016 WL 2842447 (May 16, 2016), that a consumer cannot bring a lawsuit in federal court based only on a...more
5/18/2016
/ Article III ,
Class Action ,
Consumer Reporting Agencies ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Injury-in-Fact ,
SCOTUS ,
Spokeo v Robins ,
Standing ,
Statutory Damages ,
TCPA
As lawsuits asserting claims under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”), continue to rise in the wake of the consumer-friendly Declaratory Ruling and Order issued by the Federal Communications...more
4/6/2016
/ ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Corporate Liability ,
Debt Collection ,
FCC ,
FCCPA ,
FDCPA ,
Robocalling ,
Summary Judgment ,
TCPA ,
Verizon
The writing was on the wall following Justice Elena Kagan’s dissent in Genesis Healthcare Corp. v. v. Symczyk, 133 S. Ct. 1523 (2013), wherein Justice Kagan blasted the view that an unaccepted offer of complete relief made to...more