The Supreme Court’s June 25 Ramirez decision reshapes constitutional standing for federal court FCRA, FDCPA, TILA, TCPA, RESPA and other individual and class cases based on consumer statutes. This article details Ramirez’s practice implications for varied types of consumer injury, provides pleading and proof tips, and explains how initiating a case in state court may alleviate standing problems.
Class, Individual Litigation
Supreme Court Issues Expansive Ruling on Personal Jurisdiction
A favorable March 25, 2021, Supreme Court ruling allows consumers to bring claims in their home state against out-of-state companies, even where the companies had no contact with the consumer in the consumer’s state of residence. This article explains the Court’s holding and then suggests nine types of cases where the ruling can help advance consumer litigation.
Manufactured Home Creditors’ Unique Exposure to Consumer Claims
This article examines nine ways that manufactured home creditors face unique legal exposure to consumer claims and remedies, including recent developments that may increase such creditor liability. Examples are a federal ban on arbitration clauses in manufactured home credit, special statutes making manufactured home creditors liable for warranty violations, statutory damages of tens of thousands of dollars for UCC Article 9 violations, and more.
Supreme Court Issues Important Decision Supporting Class Actions
Supreme Court Affirms Class Certification Based on Representative and Statistical Evidence
Spokeo Resources (for subscribers AND for non-subscribers)
New Ways to Maximize Attorney Fees Where Claim Pursuant to FTC Holder Notice
If Pending Supreme Court Consumer or Class Cases End in a 4-4 Tie
As of December 1, New Rules Alter Class Action Notices, Settlements, and Objections
Supreme Court: Class & Federal Claims Can Stay in State Court
A Supreme Court May 28 ruling supports the right of consumers sued in state court to avoid removal to federal court when they bring class or federal claims in that state court action, even against third parties. As examined in this article, the ruling gives consumers some control over the decision whether to litigate in state or federal court.