CommLaw Monitor
Plaintiffs File Suits Alleging Gift Cards With Expiration Dates In Less Than 10-Point Font Violate California Law
A number of class action lawsuits recently have been filed in California state court in San Diego County against a wide range of merchants as well as gift card issuers alleging, among other things, that the defendants…
Identity Theft Litigation Update: Recent Cases Show Trend Toward Dismissal of Speculative Claims
Several weeks ago, we discussed how most courts were rejecting lawsuits where the plaintiffs claimed “damages” in the form of an increased risk of identity theft, generally stemming from allegations of an accidental…
The End of the Arbitration Clause?
In order to avoid the substantial risks of class action litigation, many financial service providers – both traditional and non traditional – require that customer agreements contain an arbitration clause and a waiver…
Third Circuit Eases Ability to Remand Class Actions to State Court
The Class Action Fairness Act (“CAFA”) eliminated longstanding barriers to removal of cases from state to federal court. To remove a class action under CAFA, it is no longer necessary for all plaintiffs and defendants…
Fears of Future Identity Theft Generally Not Sufficient To Establish "Actual Damages" In A Lawsuit
Over the last few years, incidents involving disclosures of personal information by consumer financial service providers have been big news, ranging from the theft of laptop computers containing social security…