Recent Trends in Class-Action Consumer Finance Litigation - The Consumer Finance Podcast
On July 18, 2025, the Eleventh Circuit rejected the notion that plaintiffs can “manufacture” Article III standing by identifying “self-inflicted harm” such as “expenditure of money and wasted time to correct an otherwise...more
Have the GOP’s Hopes for Enacting the Fairness in Class Action Litigation Act Been Dashed? – Passed in March 2017 by the U.S. House of Representatives, the Fairness in Class Action Litigation Act of 2017, H.R. 985, has...more
The Ninth Circuit Court of Appeals recently held that, for purposes of the Telephone Consumer Protection Act of 1991 (TCPA), the scope of a consumer’s consent depends on the transactional context in which it is given. Van...more
The rise of Telephone Consumer Protection Act litigation in the past decade has been staggering. From just 14 cases in 2007, the number of TCPA-related filings has exploded to 4,860 in 2016 — a total that is expected to...more
On January 30, 2017, in Van Patten v. Vertical Fitness Group, No. 14-55980, the Ninth Circuit Court of Appeals found that a Telephone Consumer Protection Act (TCPA) plaintiff had sufficiently alleged an Article III...more
The District of New Jersey, in Benali v. AFNI, granted summary judgment to creditor on Spokeo grounds, denied consumer’s motion for summary judgment and denied consumer’s class certification as moot in a claim involving a...more
Early scorecards in the aftermath of the U.S. Supreme Court’s decision in Spokeo Inc. v. Robins all note high marks in the plaintiffs’ column, especially at the motion to dismiss stage. Emboldened by these decisions,...more
In the consolidated cases Espejo v. Santander Consumer USA Inc., No. 11 C 8987, 2016 WL 6037625 (N.D. Ill. Oct. 14, 2016) and Levins v. Santander Consumer USA Inc., No. 12 C 9431, 2016 WL 6037 (N.D. Ill. Oct. 14, 2016), the...more
The Supreme Court’s ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. May 16, 2016), continues to have a substantial impact on federal courts, especially with respect to alleged statutory violations of the Fair Debt...more
The Consumer Financial Protection Bureau (CFPB) had another busy week. Here is an overview of what the CFPB was up to recently: Enforcement Actions and Litigation - Enforcement Action Against Santander Bank - ...more
Following the Supreme Court’s ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. May 16, 2016), it is clear that “Article III standing requires a concrete injury even in the context of a statutory violation,” such that a...more
Dorsey’s TCPA litigation team continues to thrive on the cutting edge. In a first of its kind ruling, a Pennsylvania District Court ruled today that plaintiffs who manufacture Telephone Consumer Protection Act (“TCPA”)...more
I’ve been delayed a bit in reporting on this, but the October 2015 term of the U.S. Supreme Court is shaping up to be a blockbuster one for class action law. Perhaps even bigger than the October 2010 term, which brought us...more