Consumer Class Actions – First Class Defense

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Federal Courts in the First Circuit Continue to Grapple with Privacy Class Action Claims

July 18, 2024 / July 18, 2024 by Melanie Conroy | Leave a Comment

In 2023, we discussed the uptick in data privacy and cybersecurity class action lawsuits; as expected, this trend has persisted throughout 2024 as plaintiffs continue to test new theories of liability and the boundaries of constitutional standing. In privacy class actions before the federal courts of the First Circuit, plaintiffs have brought state tort and […]

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Supreme Court Declines to Take Up Circuit Split on Whether Courts May Grant Class Certification by Averaging Different Class Member Damages

April 30, 2024 by Melanie Conroy

On April 29, 2024, the Supreme Court issued an Order List indicating that certiorari had been denied in Brinker International, Inc. v. Steinmetz, Docket No. 23-648. The Eleventh Circuit Brinker Decision Brinker was a July 2023 Eleventh Circuit decision affirming class certification and holding that class members’ exposure of their payment information to the dark web […]

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Supreme Court Dismisses ADA Website Accessibility Class Action for Mootness, Vacates First Circuit Decision

January 11, 2024 / January 11, 2024 by Melanie Conroy

At the close of 2023, the Supreme Court dismissed the appeal of petitioner Acheson in Acheson Hotels, LLC v. Laufer as moot and vacated the underlying decision by the First Circuit that Laufer had constitutional standing to bring her ADA claims. The decision came as no surprise following the Justices’ sharp focus on mootness during […]

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District of Rhode Island Rules that Class Action Waivers are Not Enforceable Outside of Arbitration

October 19, 2023 / May 17, 2024 by Melanie Conroy

Earlier this month, in Elsie Metcalfe v. Grieco Hyundai, LLC, the Rhode Island Federal District Court invalidated a class action waiver in an agreement without an arbitration clause that was therefore not subject to the Federal Arbitration Act. In Metcalfe, Plaintiff Elsie Metcalfe leased a car from Defendant Grieco Hyundai, LLC, in May 2019. The […]

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Supreme Court Agrees to Hear Appeal from First Circuit of Website Accessibility Tester Case

May 18, 2023 / May 18, 2023 by Melanie Conroy

On March 27, 2023, the Supreme Court granted a petition for a writ of certiorari by Acheson Hotels in Acheson Hotels, LLC v. Deborah Laufer, Case No. 21-1410. In its petition to appeal from an earlier First Circuit decision analyzed in a prior post, Acheson Hotels asks the Supreme Court to resolve the following question: […]

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District of Massachusetts Dismisses Data Breach Class Action for Lack of Injury

November 16, 2022 by Melanie Conroy

On October 18, 2022, in Webb v. Injured Workers Pharmacy, LLC, the District of Massachusetts dismissed a class action complaint brought by former pharmacy patients alleging that their sensitive personal information had been exposed in a data breach affecting more than 75,000 customers. In its analysis, the court determined that the named plaintiffs and putative […]

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First Circuit Court of Appeals Rules Website Tester Has Standing for ‘Informational Injury’, Deepens Circuit Divide

October 27, 2022 / May 3, 2023 by Melanie Conroy

On October 5, 2022, in Laufer v. Acheson Hotels LLC, the U.S Court of Appeals for the First Circuit reversed a lower court’s dismissal of a suit against Acheson Hotels, LLC, which operates an inn on Maine’s southern coast. With this reversal, the First Circuit has addressed a matter of first impression and deepened a […]

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Supreme Court Addresses Concrete Harm, Limits Standing in FCRA Class Action

June 28, 2021 by Melanie Conroy

On June 25, 2021, the Supreme Court issued its much-anticipated 5-4 ruling in TransUnion LLC v. Ramirez. In a 27-page decision by Justice Kavanaugh, the Court reversed the Ninth Circuit’s decision upholding the certification of a class of 8,185 consumers whom the credit reporting agency TransUnion had mistakenly labeled as potential terrorists and drug traffickers. […]

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Consumer Class Actions Litigation

Navigating the Tuition Refund Class Action

May 6, 2020 / January 12, 2023 by Don Frederico

One fallout of the Coronavirus pandemic is a national wave of class action lawsuits against universities, including some schools located in New England. To read more about the cases and our thoughts about the universities’ defenses, please see this client alert we published today.

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District Of Massachusetts Holds That Consumers With No Arbitration Agreement Must Arbitrate Their “Closely Intertwined” Class Action Claims

December 11, 2019 / January 3, 2020 by Melanie Conroy

It is a legal maxim that arbitration is a creature of contract. A recent District of Massachusetts decision explores critical questions about when that creature can exist outside of the confines of a binding agreement to arbitrate among the parties. The November 27, 2019 decision by Senior U.S. District Judge George A. O’Toole ordered that […]

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Category: Consumer Class Actions

Category: Consumer Class Actions

Federal Courts in the First Circuit Continue to Grapple with Privacy Class Action Claims

Supreme Court Declines to Take Up Circuit Split on Whether Courts May Grant Class Certification by Averaging Different Class Member Damages

Supreme Court Dismisses ADA Website Accessibility Class Action for Mootness, Vacates First Circuit Decision

District of Rhode Island Rules that Class Action Waivers are Not Enforceable Outside of Arbitration

Supreme Court Agrees to Hear Appeal from First Circuit of Website Accessibility Tester Case

District of Massachusetts Dismisses Data Breach Class Action for Lack of Injury

First Circuit Court of Appeals Rules Website Tester Has Standing for ‘Informational Injury’, Deepens Circuit Divide

Supreme Court Addresses Concrete Harm, Limits Standing in FCRA Class Action

Navigating the Tuition Refund Class Action

District Of Massachusetts Holds That Consumers With No Arbitration Agreement Must Arbitrate Their “Closely Intertwined” Class Action Claims