Category Archives: Class Actions

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Big Picture Loans Lands Big Win for Tribal Lenders in Sovereign Immunity Case

In a recent decision by the Fourth Circuit, Big Picture Loans, LLC, an online lender owned and operated by the Lac Vieux Desert Band of Lake Superior Chippewa Indians, a federally recognized Indian tribe (“Tribe”), and Ascension Technologies, LLC, the Tribe’s management and consultant company successfully established that they are each arms of the Tribe … Continue Reading

Hold the Phone: Ninth Circuit Ruling Means Your Smartphone Is an Auto-Dialer

Can your phone store telephone numbers and dial them? If so, it’s an “automatic telephone dialing system” under the Telephone Consumer Protection Act (TCPA), said the Ninth Circuit Court of Appeals last week. The opinion in Marks v. Crunch San Diego creates a circuit split on the issue and highlights the difficulty courts have in applying … Continue Reading

CFPB’s Effort to Axe Class Waivers Gets Axed by the Senate

By the hair of its chinny chin chin, the Senate voted on Tuesday to nullify the CFPB’s previously announced final rule that would have prohibited banks, credit card companies, and other financial service entities from utilizing arbitration agreements to block or limit class action suits by consumers. The vote took place pursuant to the Congressional Review Act, … Continue Reading

Supreme Court Rejects “No Injury” Claims For Statutory Damages

Monday morning, the United States Supreme Court issued its long-awaited opinion in Spokeo, Inc. v. Robins (No. 13-1339), which addresses the question of whether a bare allegation of a statutory violation, unaccompanied by allegation of injury, is enough to satisfy Article III’s standing requirements and provide a federal court with subject-matter jurisdiction. The Court reversed … Continue Reading
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