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Appellate Courts › Consumer Protection Laws

Saul Ewing LLP

Eleventh Circuit Rules Consumer Must Arbitrate FCRA Suit Following Clickwrap Agreement

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How can a company ensure that its clickwrap agreements for services are worth more than just the pixels they’re displayed on? In a recent ruling from the U.S. Court of Appeals for the Eleventh Circuit, the answer may be as...more

Ballard Spahr LLP

One Size Fits None: Sixth Circuit Demands State-by-State Analysis in Auto Defect Class Actions

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The U.S. Court of Appeals for the Sixth Circuit, in a full en banc decision, raised the pleading and proof standards for plaintiffs seeking to certify multistate automotive defect class actions. The court’s June 27, 2025,...more

Hogan Lovells

Class action waiver prevails: Fourth Circuit reverses certification in Marriott data breach litigation again

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The Fourth Circuit (again) de-certified classes in the Marriott Data Breach Litigation. As further described below, the court held that the class action waiver at issue in the case was valid, not prohibited by Rule 23, and...more

Bradley Arant Boult Cummings LLP

Fourth Circuit Ruling Provides New Guidance as to Furnishers’ Duty to Investigate Legal Disputes Under the FCRA

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The Fair Credit Reporting Act (FCRA) has been a notoriously active area for litigation, especially class-action litigation, in recent years. One issue that continues to be litigated in FCRA cases involving data furnisher...more

Orrick, Herrington & Sutcliffe LLP

Eleventh Circuit affirms lower court FCRA decision

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On May 5, the U.S. Court of Appeals for the Eleventh Circuit dismissed in part an individual plaintiff’s appeal and otherwise affirmed the district court. The plaintiff had alleged that the defendant violated the FCRA by...more

McGlinchey Stafford

Ohio Court Navigates the Complexities of Lemon Law Claims

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Lemon law claims present enormous issues of fact, involving questions such as “When does a vehicle issue rise to the level of a nonconformity?” “Should all repairs be considered under a claim if they are for different...more

Orrick, Herrington & Sutcliffe LLP

California appellate court rules statutory damages don’t require proof of injury under state law

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On February 13, in a decision from the California Court of Appeal, the court examined whether a consumer must establish actual damages to pursue statutory damages under California’s Fair Debt Buying Practices Act (FDBPA). The...more

Orrick, Herrington & Sutcliffe LLP

7th Circuit reverses decision in FDCPA case on negligence standard

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On January 28, the U.S. Court of Appeals for the Seventh Circuit reversed and remanded a lower court’s decision in a debt dispute under the FDCPA. The plaintiff alleged the defendant, a debt collector, violated the FDCPA by...more

McGlinchey Stafford

Litigation Byte (December Edition)

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Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more

BCLP

Funding Representative Actions: The Strategic Decision between CPR 19.8 and Collective Actions in the CAT

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The English High Court offers limited routes to bring “opt-out” group claims but, in recent years, funded claimants have attempted to bring representative actions under CPR 19.8 at a notable rate. The rule has been available,...more

Fisher Phillips

SCOTUS Predictions: Divided Court Will Reach Close Decision in Critical Arbitration Case

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Employers that face lawsuits from employees often seek to move such claims from the courthouse to arbitration. But what happens if the trial court refuses to compel arbitration and the employer appeals the decision? Should...more

McCarter & English, LLP

Vendors Face Strict Liability For Deceptive Conduct Under PA Consumer Protection Law

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The Pennsylvania Supreme Court’s recent decision in Gregg, et al. v. Ameriprise Fin., Inc., et al. holds vendors that provide goods and services to consumers in the Commonwealth of Pennsylvania strictly liable for fraudulent...more

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