A recent decision by the Eleventh Circuit federal court of appeals adds another arrow to class action defendants’ quiver by making it more difficult for plaintiffs to establish standing to sue under the Telephone Consumer Protection Act (“TCPA”). The appellate court ruled that a single text message did not cause sufficient…
In a putative class action recently filed in a Florida federal district court against fast-food chain Burger King, the tagline for the Impossible Whopper of “100% Whopper, 0% Beef” is misleading. According to the plaintiff, Philip Williams, although Burger King advertises the Impossible Whopper as being a meat-free option, it…
A federal judge for the Northern District of Illinois has given final approval to three major cruise lines and a travel agency of a $12.5 million class-action settlement. The defendants were accused of bombarding consumers nationwide with prerecorded telemarketing calls promoting cruise trips without their consent. Defendants Carnival Corporation, Royal…
The Federal Trade Commission is asking the Second Circuit federal appeals court to uphold a finding that 1-800 Contacts violated antitrust law by preventing rivals from using its trademarked name in search ads. Meanwhile, 1-800 Contacts is also defending against a class-action lawsuit brought on behalf of consumers centering on…
In a 3-0 decision, the U.S. Court of Appeals for the Ninth Circuit ruled that Facebook users in Illinois can move forward with a class-action lawsuit challenging the company’s use of facial recognition technology. Facebook had argued that the court should not let the plaintiffs proceed on a class basis…
If you’ve used Facebook at all in the past few years, you’ve probably noticed that every time you post a photo with one of your friends, Facebook automatically suggests you tag that person. While that might seem innocent enough, the facial recognition technology Facebook uses to accomplish that is highly…
A student loan debtor sued her loan servicer, arguing that the servicer had violated Illinois consumer fraud law by asserting that its customer representatives were experts in repayment options and acted in a borrower’s best interest when they were in fact instructed to steer borrowers into payment options that benefited…
Earlier this year, the U.S. Supreme Court ruled in Lamps Plus, Inc. v. Varela that an ambiguous arbitration agreement does not provide a sufficient basis to conclude that parties agreed to class arbitration. In a 5-4 vote, the Supreme Court reversed the Ninth Circuit’s decision that the arbitration agreement between…
The line between security and privacy has always been a bit blurry and it continues to get blurrier every day as technology advances. One of the latest developments in surveillance technology has been facial recognition software, which is allegedly capable of identifying you with just a quick scan of your…