Two readers sent me tips yesterday on important decisions from the Second and Third Circuit Courts of Appeals that will be of interest to class action practitioners: First, John G. Papianou of the Philadelphia firm Montgomery, McCracken, Walker & Rhoads, LLP forwarded a copy of the Third Circuit’s decision in Long v. Tommy Hilfiger U.S.A., Inc., No. 11-1554 (3d Cir., [...]
Posts Tagged ‘FACTA’
The Third Circuit Clarifies the Facts About FACTA While the Second Circuit Has a Different Concepcion of Class Arbitration Waivers
Posted in Antitrust Class Actions, Class Action Decisions, Class Action Trends, Consumer Class Actions, Supreme Court Decisions, tagged arbitration, circuit court of appeals, class arbitration waiver, concepcion, consumer class action, credit card, expiration date, FAA, FACTA, hilfiger, scotus, second circuit, stolt-nielsen, Supreme Court, third circuit on February 2, 2012 | 1 Comment »
Schonbrun: Are Statutory Penalty Class Actions WMDs?
Posted in class action reform, Commentary, tagged class action, class action criticism, class action reform, class action watch, conspicous, FACTA, fcra, schonbrun, statutory penalty, weapons of mass destruction on March 1, 2011 | Leave a Comment »
Class Action Watch executive director Lawrence W. Schonbrun has an opinion piece in yesterday’s Huffington Post entitled The Class Action Mess in a Nutshell. In the article, he questions whether the same “weapons of mass destruction” label that Warren Buffet gave to financial derivatives should apply equally to class action lawsuits. As an example, he offers a [...]
Pennsylviana Federal Court Says Objective Standard Governs Willfulness Analysis under FACTA
Posted in Class Action Decisions, Class Action Trends, Federal Court Decisions, tagged anihilating liability, bateman, FACTA, facta class action, FACTA truncation, objective standard, statutory penalty, willfulness on February 14, 2011 | 2 Comments »
Over the weekend, John Papianou, class action defense lawyer and Partner at Montgomery, McCracken, Walker & Rhoads, sent me a copy of Long v. Tommy Hilfiger U.S.A. Inc., No. 09-1701 (W.D. Pa., February 11, 2011) (link courtesy of www.justia.com), an interesting decision involving the Fair and Accurate Transactions Act of 2003 (“FACTA”), 15 U.S.C. §§ 1681c(g), 1681n(a)(1)(A). [...]
2008 Recap of Class Action Decisions and Trends, America Votes
Posted in Class Action Decisions, Class Action Trends, tagged Class Action Decisions, class action reform, class action scandal, Class Action Trends, class certification, FACTA, foreign cubed, International Class Action Law, pollution class action, RICO Class Action, rule 23, scheme liability, securities fraud, tila, wage and hour class action on December 30, 2008 | 4 Comments »
As the new year approaches, everyone seems to be doing a “top ten” list for 2008, so of course, ClassActionBlawg has to have one too. However, this “top ten” list has two improvements. First, the rankings will be decided by reader vote. Second, and even better, it goes to 11! So, here are some key class action [...]
Class Action Blogosphere Weekly Review
Posted in Class Action News, Class Action Trends, International Class Action Law, Other class action blogs, tagged class action commentary, Class Action Decisions, Class Action News, class action reform, Class Action Trends, FACTA, International Class Action Law, tila on October 15, 2008 | 1 Comment »
Here are some blog entries from the week that was that might be of interest to class action practitioners: Class Action Blog Post Title of the Week CAFA Law Blog‘s entries often make me chuckle, but here is one that had me rolling for some reason (probably lack of sleep due to late night blogging): [...]
Class Action Blogosphere Weekly Review
Posted in CAFA Requirements, Class Action News, Class Action Trends, Federal Court Decisions, Other class action blogs, tagged antitrust, blawg review, blog review, blogosphere, CAFA, class action blawg, class action blog, FACTA, forum shopping, franchise class action, merits inquiry, punitive damage, subprime on May 20, 2008 | Leave a Comment »
The Class Action Blogosphere Weekly Review is back on its regularly scheduled day this week. As always, here are some blog entries that might be of interest to class action practitioners… See Carlton Fields’ class action blog Classified for links to various news tidbits relating to class actions, including a summary of a bill recently passed in [...]
Check out the Federalist Society Class Action Watch
Posted in Articles, Class Action Trends, Other class action blogs, tagged cy pres, FACTA, FACTA truncation, federalist society, reverse bifurcation, scheme liability, tolling on April 17, 2008 | 1 Comment »
The Federalist Society Issues a collection of articles relating to class action law every six months or so. The latest Class Action Watch was issued in late March 2008 and includes articles on seven topics including “reverse bifurcation“, Cy Pres settlements, FACTA truncation, scheme liability, and class action tolling. For the full index, click here. Thanks to the Mass Tort [...]
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Battleground TCPA
Posted in Class Action Trends, Commentary, tagged annihilating, auto-dialer, class action, colorado, critchfield, FACTA, fax blast, giovanniello, kosher bagel munch, local banking products, madison county, predominance, robo-call, rule 23. 47 u.s.c. 227, shady grove, statutory penalty, superiority, TCPA, telephone consumer protection act, unsolicited phone calls on October 20, 2011 | 1 Comment »
One of the hottest substantive areas in consumer class actions these days is litigation under the Telephone Consumer Protection Act (TCPA), 47 U.S .C. § 227, sometimes called the ”fax blast” statute, which prohibits unsolicited faxes and automated calls for the purpose of commercial solicitation. The TCPA has a statutory penalty provision that allows consumers to recover $500 for each violation. The [...]
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