I’ll be speaking on a panel discussion of data privacy trends on May 4 in Chicago as part of PLI’s 22nd Annual Consumer Financial Services Institute. Other panels will discuss a broad range of excellent topics, including the future of the CFPB and other federal and state regulatory trends, consumer class action developments, TCPA litigation and regulatory trends, fair lending and debt collection practice issues, and ethics, just to name a few. In addition to the Chicago live program, PLI has another program schedule in New York in late May, which will be accompanied by a live webcast and groupcasts in several other cities. For more information, click the link below. Hope to see you there!
Posts Tagged ‘TCPA’
Posted in CLE Programs, Consumer Class Actions, Data Privacy Class Actions, tagged banking, cfpb, chicago, consumer, fdcpa, financial services, lending, new york, pli, TCPA on February 20, 2017| Leave a Comment »
Posted in Articles, Class Action Decisions, Supreme Court Decisions, tagged anosmia, campbell-ewald, class action, class certification, fcra, FLSA, picking off, rule 68, spokeo, statistics, TCPA, tyson on November 18, 2015| Leave a Comment »
Thomson Reuters contributor Alison Frankel interviewed me for an article she posted today on the class action cases pending during the current Supreme Court term. Here is a link to her article. For those who are not familiar with Frankel’s On the Case Blog, be sure to add it to your regular reading list. She is one of the best in the business.
Posted in Articles, Commentary, Data Privacy Class Actions, tagged annihilating liability, bankrupting, class action reform, cmia, data breach, data privacy, FACTA, fcra, nominal damages, privacy class action, statutory penalties, statutory penalty, TCPA on April 11, 2013| Leave a Comment »
My article for the University of Denver Law Review’s Online Edition entitled Statutory Penalties and Class Actions: Social Justice or Legalized Extortion? was posted today. The article discusses potential reforms to address the problem of class actions for statutory penalties giving rise to potentially annihilating liability in cases involving little or no actual harm. Please check it out. While you’re there, check out some of the other excellent content on a wide variety of legal topics that the DU Law Review has to offer in its online supplement to its regular print publication.
Posted in Class Action News, Class Action Trends, tagged arbitration, arbitration agreement, cell phone, class arbitration waiver, class certification, data privacy, dukes, FAA, fax, junk fax, mobile phone, privacy, privacy class action, robocall, scotus, stolt-nielsen, Supreme Court, TCPA, TCPA Class Action, wal-mart on December 19, 2012| Leave a Comment »
My colleagues at BakerHostetler have put together some great content on several class action-related topics recently that readers should find interesting.
First, the Baker Hostetler Class Action Defense Team issued an executive alert today discussing the Supreme Court’s decision to grant certiorari in another case involving class arbitration waivers. The alert, titled U.S. Supreme Court Considers Arbitration Clauses and Class Actions Next Year, summarizes the issues to be addressed in Oxford Health Plans LLC v. Sutter. The alert was authored by newly elected Cleveland Partner Ruth E. Hartman and Class Action Defense Team Leader Ernie Vargo.
Another executive alert, titled Recent Trends in Class Actions for Telephone and Fax Solicitation and Advertising, was issued last week by the Privacy and Data Protection and Class Action Defense Teams. The alert, authored by my colleague in Denver, Justin Winquist, summarizes the latest trends in class action litigation under the Telephone Consumer Protection Act (TCPA).
Finally, my partner Casie Collignon authored a blog post yesterday with an update on the latest in the ongoing saga of Dukes v. Wal-Mart on remand following the U.S. Supreme Court’s decision. The post is entitled, California District Court Awaits Class Certification Motion in Wal-Mart.
Posted in class action reform, Class Action Trends, tagged AAA, american express, amex, arbitrability, arbitration, at&t, class arbitration waiver, concepcion, cosumer class action, federal common law, TCPA on May 10, 2012| 6 Comments »
On May 1, we received the following comment in response to a post from last May entitled Will AT&T v. Concepcion Really Kill the Consumer Class Action?
It has been almost a year. Could someone tell me, in their opinion, what effect Concepcion has had on consumer class actions over the last 11 months?
According to a recent New York Times article by David Segal titled A Rising Tide Against Class Action Suits, the effect has been significant. The article cites a report from the consummer advocacy group, Public Citizen, which found 76 opinions relying on Concepcion as a reason to prevent class actions from “moving ahead.”
I have no reason to doubt the accuracy of the number of opinions cited in the Public Citizen report, and there is no doubt that Concepcion has had an impact on class action litigation, both in consumer class actions and in other subject matter areas. However, I would caution that simply looking at the number of class actions that have been unsuccessful due to class arbitration waivers does not tell the whole story. Here are a few observations to consider in assessing the impact of Concepcion:
- Concepcion has not been treated by the lower courts as foreclosing all arguments for declaring an arbitration clause invalid. A case in point is the Second Circuit’s recent decision in In re Amex III., which relied on the federal common law of arbitrability in declaring a class arbitration waiver invalid.
- Class action litigation has been on the decline in substantive areas that are not impacted by arbitration clauses, such as in securties class actions.
- There are many areas of consumer class action litigation that remain unaffected by arbitration clauses because they either involve claims where there may be no contractual relationship between the plaintiff and the defendant, including statutory penalty class actions such as TCPA class actions class actions and certain data privacy class actions, or they involve areas of the law where arbitration clauses are prohibited, including many insurance class actions. A careful review of the data may show that consumer class action litigation has simply shifted to these areas.
- Recognizing that arbitration clauses do not necessarily provide a magic talisman against class action litigation and that implementing an overly consumer-friendly arbitration clause may actually encourage litigation, not all companies have rushed to adopt arbitration clauses into their consumer contracts.
In summary, I would say that while Concepcion‘s ban on state laws invalidating arbitration clauses has become an important consideration in litigating consumer class actions, it has not brought about their end.
I’d love to hear what readers have to say about their own perspectives on this issue. Please feel to comment below.