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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 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.

Class Action Blog
October 28, 2018

Objecting Class Member Had No Right to Opt Out of the Trump University Class at the Settlement Stage

Summary: Three class actions were filed against Donald J. Trump and Trump University, one in state court in New York and two in the Southern District of California. The cases were settled for $25 million shortly after Mr. Trump was elected President of the United States. Sherri Simpson was the lone objector who sought to opt out of the class at the settlement stage after failing to opt out when the class was originally certified. She did not “dispute that she received, at the class certification stage, a court approved notice of her right to exclude herself from the class and chose not to do so by the deadline. She argues, however, that the class notice promised her a second opportunity to opt out of the settlement stage, or alternatively, that due process requires this second chance.” The 9th Circuit rejected both arguments.