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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
November 12, 2019

Tribal Sovereign Immunity for Tribal Entity Economic Arms Defeats Payday Loan Class Action

The Lac Vieux Desert Band of the Lake Superior Chippewa Indians (“the Tribe”) formed two business entities under tribal law. Those entities were Big Picture Loans, LLC and Ascension Technologies, LLC. They were set up in order to get into the payday loan business and charged interest at rates many times the rates allowed under Virginia law. Five prospective class members filed suit against Big Picture and Ascension alleging violations of state law.

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Class Action Blog
October 29, 2019

Plaintiff Destroyed CAFA Jurisdiction By Omitting Class Action Allegations in the Fourth Amended Complaint.

Attorney Gale, on behalf of all Connecticut title attorneys, filed a class action lawsuit in federal court asserting jurisdiction under CAFA. Gale sued multiple title insurance companies in Connecticut. After twelve years of litigation plaintiffs filed a fourth amended complaint which “asserted only state law claims on behalf of the individual plaintiffs” because they thought that doing so would “facilitate the resolution of the case.” On the defendants’ motion, the court dismissed the case for lack of CAFA jurisdiction. 

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Class Action Blog
October 22, 2019

Eighth Circuit Declares $1.6 Billion TCPA Class Action Award Violated Due Process So Appropriately Reduced to $32 Million.

Multiple defendants involved in the promotion of a movie with religious and political themes were sued for TCPA violations for their telephone marketing campaign of the movie,
“Last Ounce of Courage”. After the Eighth Circuit found there was Article III standing in an earlier appeal, the matter proceeded to trial which resulted in a statutory damages award of $1.6 billion against one defendant.

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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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