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Class Action Blog

As society becomes increasingly litigious, and as plaintiff attorneys market their services more aggressively, class action litigation is posing a rapidly growing threat to businesses in all sectors.

Class Action Blog
October 15, 2019

TCPA’s Debt Collection Exception Unconstitutional but Severable - TCPA Class Action Case Survives Motion to Dismiss

Facebook sent Noah Duguid unauthorized text messages to alert him, as a “security precaution,” when his “account” was being accessed by an unrecognized device or browser. He got those messages even though he was not a Facebook customer. Fed up with the alerts despite his attempts to stop them, he sued Facebook seeking to represent putative classes.

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Class Action Blog
October 8, 2019

Ninth Circuit Declares Facebook Must Face Certified Class Alleging Violations of Illinois’s Biometric Information Privacy Act

Three Illinois Facebook users filed a putative class action against Facebook on behalf of an Illinois class alleging a violation of the Illinois Biometric Information Privacy Act (BIPA). Specifically, they alleged that Facebook violated the statute by “collecting, using and storing biometric identifiers (a ‘scan’ of ‘face geometry,’ …) from their photos without obtaining a written release and without establishing a compliant retention schedule.”

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Class Action Blog
October 1, 2019

Third Circuit Declares Unencrypted QR (Quick Response) Code Displaying Debtor’s Internal Account Number is a Concrete Privacy Injury Violating the Fair Debt Collection Practices Act (FDCPA)

The Third Circuit recently affirmed an $11,000 class action judgment against a debt collection agency for putting unencrypted QR codes with the collection agency’s internal account number assigned to each debtor on the outside of the envelope. The Third Circuit held the collection agency’s methods both established Article III standing and violated the FDCPA’s clear statutory provisions.

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Class Action Blog
September 13, 2019

Ninth Circuit En Banc Reverses Panel and Approves The Nationwide Class Action Settlement Of MDL Cases Regarding Vehicle Fuel Economy Misrepresentations.

Most class action cases are complex. Whenever multiple class actions are joined in an MDL, the complexity is greatly increased. This blog post discusses the five consolidated appeals of an objected to nationwide class action settlement. On appeal, a divided three judge panel vacated the class certification and remanded. However, “a majority of the nonrecused active judges” voted to rehear the case en banc. That resulted in six judges joining all of the majority opinion, three judges joining the dissenting opinion, and one judge joining separate parts of the majority and dissenting opinions.

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Class Action Blog
September 13, 2019

Second Circuit Finds 1993 Toxic Tort Class Actions on Life Support, But Still Alive.

Dozens of agricultural workers from Costa Rica, Ecuador and Panama alleged that 1960s to 1980s pesticide exposures on banana plantations caused numerous health problems. Plaintiffs initially filed class action suits in Texas and Hawaii which thereafter had tortured procedural histories, including dismissals in the United States, refilings and dismissals in other nations, refilings in Texas, a trip to the United States Supreme Court by the Hawaii litigants, and continuing litigation in Hawaii.

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