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Class Action New York

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
McGlinchey Stafford

District Court Finds Defendant Honored Opt-out Request Within Reasonable Timeframe under TCPA

McGlinchey Stafford on

The Northern District of New York recently granted a motion to dismiss a putative class action on the grounds that the defendant honored the named class representative’s request to opt out of text messages within a reasonable...more

Foley & Lardner LLP

New York Legislature Amends Pay Frequency Law to Limit Damages for First-Time Offenders

Foley & Lardner LLP on

The New York State Legislature has amended New York Labor Law (“the Law”) to reduce statutory damages for first-time violations of pay frequency requirements for manual workers while preserving the ability to impose...more

Alston & Bird

Insurance Insights | California and New York Privacy Protections, Georgia Tort Reform & Cybersecurity and Privacy Updates

Alston & Bird on

Welcome to the latest issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, California and New York layer on privacy protections, tort reform...more

Burr & Forman

New York Court Dismisses TCPA Claim Based on Three Text Messages Sent After Revocation Request

Burr & Forman on

After receiving a text message from Defendant advertising Defendant’s products, Plaintiff texted “stop,” his request was acknowledged but Defendant sent him three more text advertisements over a nine day period. Apparently,...more

Baker Botts L.L.P.

Amazon and Starbucks Escape Biometric Privacy Class Action in Federal Court

Baker Botts L.L.P. on

Amazon and Starbucks notched a decisive win in the fast-evolving world of biometric privacy litigation, securing the full dismissal of a proposed class action in the U.S. District Court for the Western District of Washington....more

Freiberger Haber LLP

Licorice Sticks and New York’s General Business Law

Freiberger Haber LLP on

In Libman v. Hershey Co., 2025 N.Y. Slip Op. 31769(U), (Sup. Ct., N.Y. County May 5, 2025) (here), the motion court was asked to consider whether a front-of-the-package label on the Twizzlers candy wrapper violated General...more

Bradley Arant Boult Cummings LLP

How NY's FAIR Act Mirrors CFPB State Recommendations

On March 13, New York Attorney General Letitia James announced the Fostering Affordability and Integrity through Reasonable, or FAIR, Business Practices Act, aimed at strengthening consumer protections, cutting costs,...more

FordHarrison

Liquidated Damages Now Unavailable in Certain New and Pending Payroll Frequency Lawsuits

FordHarrison on

Real World Impact:  Many New York employers facing substantial liability arising from class actions alleging pay frequency violations of New York Labor Law Section 198 now have relief. Governor Hochul recently signed into law...more

Fox Rothschild LLP

New York Scales Back Damages for Frequency-of-Pay Violations

Fox Rothschild LLP on

A recent change to New York labor law means employers will no longer face business-crippling lawsuits for minor frequency-of-pay mistakes, as long as they have not previously been found to have violated the state’s...more

Seyfarth Shaw LLP

New York Sharply Curtails Damages for Weekly Pay Violations

Seyfarth Shaw LLP on

The 2025 New York State budget includes a provision that reduces the potential damages available to plaintiffs for violation of the weekly pay requirement of the New York Labor Law....more

Littler

NYS Legislature and Governor Hochul Reach Agreement in State Budget to Limit Damages on Frequency-of-Pay Cases

Littler on

In a significant development for New York employers, the New York State Legislature and Governor Kathy Hochul have agreed to amend the New York Labor Law (NYLL) to limit the damages available in so-called “frequency-of-pay”...more

Kilpatrick

New York federal courts split on whether baby food purchasers have Article III standing in toxic metals baby food class actions

Kilpatrick on

We previously wrote about the Northern District of New York’s recent dismissal of a consolidated class action against Beech-Nut Nutrition Company (“Beech-Nut”), the manufacturer of baby food allegedly containing toxic levels...more

Troutman Pepper Locke

The Legal Landscape of Independent Contractor Misclassification May Be About to Change: March 2025 IC Legal News Update

Troutman Pepper Locke on

The most significant development last month in the law of independent contractors was not one of the four cases we summarize below but rather a bill passed by the New York Senate. ...more

Seyfarth Shaw LLP

Not Fooling Around: Critical New York State Legislative Updates for Employers as April Begins

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During the first quarter of 2025, the New York State legislature and Governor Kathy Hochul have been actively advancing several initiatives that – if passed and signed – will require New York employers to adapt their policies...more

Kilpatrick

New York’s FAIR Business Practices Act: State Regulators Begin Expansion of Consumer Protection Authority

Kilpatrick on

On March 13, 2025, New York State took a significant step towards bolstering its consumer and small business protections with the introduction of the Fostering Affordability and Integrity Through Reasonable (FAIR) Business...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 6

Reckitt Benckiser Tastes Sweet Success as Mucinex Honey False Ad Dismissed - Plaintiffs alleging that Reckitt Benckiser falsely advertised certain Mucinex products as containing honey failed to sufficiently allege that the...more

Eversheds Sutherland (US) LLP

Sellers beware: growing number of ticketing fee class actions lawsuits

Plaintiffs’ lawyers are capitalizing on ticket sale and resale laws enacted in a handful of states to file class action lawsuits against entertainment venues and ticket resellers that are allegedly “sneaking” in fees for...more

Katten Muchin Rosenman LLP

Websites Under Attack — Defenses to ADA Claims for Retailers and Online Businesses - The Katten Kattwalk/Kattison Avenue | Issue 4

Retailers and other businesses with an online presence continue to be targets of lawsuits filed by plaintiffs asserting claims under the Americans with Disabilities Act (ADA) and related state laws. In a nutshell, these suits...more

Constangy, Brooks, Smith & Prophete, LLP

Good news for businesses: NYS courts will dismiss data breach class actions for lack of concrete harm to plaintiff

Data breaches have become a serious issue for businesses, leading to numerous putative class action lawsuits alleging that the defendants failed to prevent the unauthorized disclosure of personally identifiable information or...more

Troutman Pepper Locke

Class Action Lawsuit Alleges Puff Bar Violated State Consumer Protection Laws

Troutman Pepper Locke on

A consumer class action lawsuit has been filed in the U.S. District Court for the Southern District of New York against EVO Brands, LLC and PVG2, LLC, both doing business as Puff Bar. The lawsuit alleges that Puff Bar...more

Troutman Pepper Locke

New York Federal Court Certifies TCPA Class Where Phone Numbers Were Obtained Through a Third-Party Website

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In Aley v. Lightfire Partners, LLC, a U.S. District Court in the Northern District of New York certified aa Telephone Consumer Protection Act (TCPA) class action for all persons whose telephone numbers were on the National Do...more

Harris Beach Murtha PLLC

NY’s Crackdown on Illicit Cannabis Shops Also Hurting Legitimate Businesses

New York’s recent crackdown on illicit cannabis retailers is achieving its goal of aiding legal cannabis operators, but those being targeted are saying the state is violating their right to due process and killing legitimate...more

Harris Beach Murtha PLLC

New York’s Crackdown on Illegal Cannabis Sellers Faces Federal Lawsuit

Less than two months after the state unveiled several initiatives to crack down on illegal cannabis sellers, a group of New York City shop owners has filed a class-action lawsuit, claiming the heavy-handed tactics violate...more

Sheppard Mullin Richter & Hampton LLP

New York Attorney General Brings $1.4 Billion Lawsuit Against Merchant Cash Advance Lenders

On March 5, the New York Attorney General filed a lawsuit against a network of over 30 lending companies and their officers alleging their involvement in a predatory “merchant cash advance” lending scheme that exploited New...more

Davis Wright Tremaine LLP

New York Court Ruling Could Slow 'Frequency of Pay' Lawsuits Brought by Manual Workers

Following a recent court decision and pronouncement from the governor, New York employers may see a decline in the number of "frequency of pay" lawsuits brought by manual workers for failure to pay on a weekly basis. This...more

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