In this Newsletter:
- An Aspect Of Adequacy: Do Traditional Standing Requirements Apply To Statutory Class Actions?
- The Fair Debt Collection Practices Act: A Constantly Shifting Battlefield.
- Telephone Consumer Protection Act Overview And Developments
- The Fair Housing Act: Is Protection For Lenders From Disparate Impact Claims On The Horizon?
- After Two Decades, Shouldn’t Compliance With The Americans With Disabilities Act Be Easier?
- Excerpt from An Aspect Of Adequacy: Do Traditional Standing Requirements Apply To Statutory Class Actions?:
Plaintiff standing is rarely the subject of great debate in most forms of litigation, including class litigation. When common law tort or contract claims are at issue, a plaintiff’s standing or lack thereof is generally obvious and rarely debatable. Statutory damage actions are different. A statutory damage plaintiff must demonstrate not only statutory standing, but Constitutional standing as well. Lerner v. Fleet Bank, N.A., 318 F.3d 113, 126 (2d Cir. 2003). Exactly how these two types of standing interrelate is currently the subject of substantial judicial uncertainty and debate.
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