The Home Depot data breach case continues to move forward. The home improvement store has until July to respond to data breach allegations. Judge Thomas Thrash has placed the case on two tracks depending on the nature of the allegations: a consumer track and a financial institution track.

As reported by the National Law Journal, Uber has come under fire for allegedly sending texts inviting people to become drivers. These alleged texts have landed Uber in federal court in the Northern District of California to defend a proposed class action under the TCPA.

Data breach may be the next frontier for class action lawsuits. And judging by early returns of the data breach suits filed, hospitals seem to be among the businesses at greatest risk for a data breach class action.

The Sixth Circuit recently published an opinion in Buchanan v. Northland Group, Inc., which is a relatively rare decision related to the Fair Debt Collection Practices Act. The opinion offers a deep, fact-based look at the FDCPA case from the Western District of Michigan.

The pick-off play occurs when a prospective class action defendant settles the case with a named plaintiff, potentially mooting the rest of the class action from going forward. A few recent stories provide helpful context on this strategy.

Many businesses know that calling the wrong party could mean trouble according to the Telephone Consumer Protection Act (TCPA). In broad terms, the law forbids cell phone calls without the consent of the called party. This recent blog post sets up a potentially frightening scenario for businesses — an accidental call.

Supermarket chain Publix recently settled with a class of employees/applicants for employment at the grocery store. The class brought suit under the Fair Credit Reporting Act (FCRA), which requires employers to “provide prior written notice before they can procure a consumer report about any employee or applicant for employment ...
At issue in Dart Cherokee Basin Operating Company, LLC v. Owens is the pleading standard for defendants seeking to remove a case to federal court based on the Class Action Fairness Act (CAFA). In a 5-4 ruling, a divided Court held that class action defendants removing to federal court under CAFA need only to provide a “short and plain” statement of ...
More and more companies are defending lawsuits brought under the Telephone Consumer Protection Act (TCPA). Businesses that communicate with customers by phone or text using an automated telephone system should be aware of this helpful background information on the TCPA.
Jimmy John’s is facing a class action lawsuit after a data breach of the company's point-of-sale system.

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