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Category Archives: Class Action Trends

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Wyndham Seeks Immediate Appeal Over Whether FTC Has Authority To Regulate Data Security

Posted in Class Action Trends

We have written previously about FTC v. Wyndham Worldwide Corp., currently pending in federal district court in New Jersey, and its potential significance for data security class actions. A recent opinion in that case has brought it back into the news—and made clear that the stakes are as high as ever. Over the FTC’s opposition,… Continue Reading

POM v. Coke Does Not Alter The Landscape for Food False Advertising Class Actions

Posted in Class Action Trends, U.S. Supreme Court

After the oral argument in POM Wonderful LLC v. Coca-Cola Co. (pdf), No. 12-761, the Supreme Court appeared all but certain to allow competitors to sue for false advertising under the Lanham Act over labels of FDA-regulated food products.  Food manufactures have been waiting to see just how broad the ruling would be and whether it… Continue Reading

Primary Jurisdiction is Gaining Some Weight in the Food Court

Posted in Class Action Trends, Motions Practice

The plaintiffs’ bar continues to file consumer class actions challenging food and beverage labels en masse, especially in the Northern District of California—also known as the “Food Court.” One particular line of cases—at least 52 class actions, at last count—targets companies selling products containing evaporated cane juice. The battle over evaporated cane juice has become… Continue Reading

Federal Court Upholds FTC’s Authority To Bring Enforcement Actions Over Data-Security Standards; Will Class Actions Follow?

Posted in Class Action Trends

Already, 2014 has been an eventful year in the world of data breaches and cybersecurity. In addition to a flurry of litigation over high-profile breaches at the start of the year, the National Institute for Standards and Technology released its long-anticipated Cybersecurity Framework. The latest development is the recent decision in the closely-watched Wyndham case,… Continue Reading

What The NIST Cybersecurity Framework Might Mean for Class Actions

Posted in Class Action Trends

After a year of public-private collaboration and considerable anticipation, the National Institute for Standards and Technology’s (NIST) cybersecurity framework for critical infrastructure has arrived. The interest in the framework has only grown after several high profile data breaches in late 2013 have cast an unrelenting spotlight on cybersecurity issues. The framework presents businesses with important… Continue Reading

Will A New Wave Of Class Actions Spring From Patent Infringement Litigation?

Posted in Class Action Trends

It is no secret that many private class actions are filed as follow-on lawsuits to news reports, government investigations, regulatory developments, and identical earlier-filed class actions. But a recent gambit by the plaintiffs’ bar is among the more creative efforts we have seen. Earlier this week, a well-known plaintiffs’ firm filed Dang v. Samsung Electronics… Continue Reading

What’s Going On With Class Actions Alleging That Businesses That Record Customer-Service Calls Are Violating California’s Invasion of Privacy Act?

Posted in Class Action Trends

Since 2006, companies based outside California have been alert to the potential burdens of class actions under California’s Invasion of Privacy Act (“CIPA”), Cal. Penal Code § 630 et seq. The laws of most states, as well as federal law, allow telephone calls to be recorded with the consent of one party to the call…. Continue Reading

Supreme Court Holds that CAFA Doesn’t Let Defendants Remove State AG Actions to Federal Court

Posted in Class Action Trends, Motions Practice, U.S. Supreme Court

When state attorneys general file suits to seek monetary recoveries based on claimed injuries to private citizens, those lawsuits look like, walk like, and quack like class actions. In fact, in most of these so-called “parens patriae” cases, the same private plaintiffs’ lawyers that bring private class actions are retained to represent states in exchange… Continue Reading

Book Review: The Class Action Fairness Act: Law and Strategy

Posted in Class Action Trends

In nearly nine years on the books, the Class Action Fairness Act of 2005 (“CAFA”) has generated a host of decisions interpreting its provisions. Because the state of the law on CAFA—and class actions in general—is in constant flux, practitioners should certainly make use of online resources (like this blog) to stay up to date…. Continue Reading

Annual Report on “Judicial Hellholes”

Posted in Class Action Trends

The American Tort Reform Association has released its annual report on “Judicial Hellholes”—a term it popularized for jurisdictions in which defendants often contend that they can’t get a fair shake. This year’s report identifies California, Louisiana, New York City, West Virginia, Madison & St. Clair Counties (Illinois), and South Florida as the most unfavorable jurisdictions…. Continue Reading

You’ve Settled the Class Action—Can the State AG Demand Another Payout?

Posted in Class Action Trends

One of the more alarming recent developments in the class-action arena is the increase in actions by state attorneys general that mirror private class actions. These state AG actions aren’t like the typical enforcement action, in which the government pursues claims for civil penalties that are distinct from the relief sought in the private class… Continue Reading

Upcoming Webinar on New TCPA Rules

Posted in Class Action Trends

Last month, the FCC’s new rules under the Telephone Consumer Protection Act (TCPA) for consent telemarketing calls went into effect.  (We’ve previously discussed those rules on this blog.)  On Wednesday (November 13), I’ll be co-presenting a 90-minute CLE webinar about the new rules for Bloomberg BNA.  For more information or to register, please visit Bloomberg… Continue Reading

Judges Irked At Placeholder Class-Certification Motions Too

Posted in Class Action Trends, Motions Practice

From a practitioner’s standpoint, one of my five least-favorite recent developments in federal class-action practice is the explosion in the number of premature motions for class certification that would-be class representatives file. I understand the motivation behind these motions—often filed along with the initial complaint. Of course, they are not seriously intended to induce a… Continue Reading

App Store Privacy Class Action Survives Apple’s Motion to Dismiss In Light Of Online Representations

Posted in Class Action Trends, Motions Practice

The plaintiffs’ bar continues to march forward in bringing privacy-related class actions. As we’ve written before, companies have often been able to defeat such lawsuits at the pleading stage when plaintiffs cannot allege that they suffered a harm that was concrete or cognizable. But that trend has not been universal: In a recent case involving… Continue Reading

Are You Prepared for the New TCPA Rules? The Plaintiffs’ Bar Is.

Posted in Class Action Trends

The Telephone Consumer Protection Act (TCPA) is a favorite of the plaintiffs’ class-action bar because it provides for statutory damages of up to $1,500 for knowing or willful violations. With some exceptions, the TCPA prohibits, among other things, unsolicited marketing faxes as well as calls and text messages using autodialers or prerecorded voices. See, e.g.,… Continue Reading

Will Creditors Face Actions Over Their Debt-Collection Practices by the CFPB or the Class-Action Bar?

Posted in Class Action Trends

Companies that provide credit to their customers are well aware that the Fair Debt Collection Practices Act (FDCPA), which authorizes suits against violators for statutory damages of up to $1,000, applies only to “debt collectors”—not creditors. 15 U.S.C. § 1692k. But a recent bulletin (pdf) by the CFPB—whose commissioner Richard Cordray was just confirmed by… Continue Reading

Where Will the Zip Code Class Actions Be Filed Next?

Posted in Class Action Trends

Over the past two years, a big growth area for plaintiffs’ lawyers has been cases challenging the use of zip codes or other identifying information by merchants that process credit-card transactions. In 2011, the California Supreme Court held in Pineda v. Williams-Sonoma Stores that a zip code constitutes “personal identification information” under California’s Song-Beverly Credit… Continue Reading

Are State-Law Claims for Violating Federal Food Labeling Law Preempted?

Posted in Class Action Trends, Motions Practice

The federal Food Drug and Cosmetic Act (“FDCA”)—along with the implementing regulations promulgated by the FDA—sets out a detailed national standard for much of what appears on food and beverage labeling. See 21 U.S.C. §§ 301, et seq.; 21 C.F.R. §§ 101, et seq.; Pom Wonderful LLC v. Coca-Cola Co., 679 F.3d 1170, 1175 (9th… Continue Reading