A federal judge in the Western District of Texas recently sided with a growing trend of rulings adopting a narrow reading of the Video Privacy Protection Act (VPPA) in dismissing a putative class action against the operators of a Texas Longhorns email newsletter. The case involved tracking pixels embedded in videos that were linked in
Inside Class Actions
The latest developments and trends affecting class actions
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N.D. Cal. Judge Allows “Greenwashing” Claims to Proceed to Trial
As companies have increased efforts to represent their products as environmentally friendly, “greenwashing” lawsuits—which target companies (often under consumer protection statutes) based on allegations of false or misleading statements regarding the environmental impact of their products or practices—have also increased. A recent order from the district court in the Northern District of California illustrates the…
NJ Supreme Court to Rule on Whether Class Action Waiver is Enforceable Absent an Arbitration Clause
The ever increasing threats of mass arbitration have led many companies to re-examine the terms of their contracts with consumers and to include provisions intended to guard against such threats. One of the options some companies may find themselves considering is doing away with the arbitration clause but keeping the class action waiver.…
UK Opt-Out Class Actions for Non-Competition Claims back on Parliamentary Agenda
Opt-out collective actions (i.e. US-style class actions) can only be brought in the UK as competition law claims. Periodic proposals to legislate to expand this regime to consumer law claims have so far faltered. However, this is now back on the Parliamentary agenda. Several members of the House of Lords have indicated their support for…
Fourth Circuit Holds That Consumer Class Action Release Does Not Necessarily Release Personal Injury Claims
The Fourth Circuit recently reinstated a wrongful death suit against a defendant, holding that the release in a settlement of consumer class actions against the defendant did not preclude plaintiff’s personal injury suit against that same defendant. See In re Lumber Liquidators Chinese-Manufactured Flooring Prod. Mktg., Sales Pracs. & Prod. Liab. Litig., — F. 4th…
Court Dismisses Lawsuits Alleging Presence of PFAS in Tampon Products
A California district court recently dismissed two lawsuits that asserted that the marketing of certain tampons was misleading due to the alleged presence of per and polyfluoroalkyl substances (“PFAS”), holding that plaintiffs could not rely on conclusory assertions regarding testing that allegedly detected PFAS in the products.…
Second Circuit Identifies Pitfalls to Avoid When Implementing Arbitration Provisions
Companies implementing arbitration provisions should ensure that they adequately inform customers about the provision and their options for opting out. The Second Circuit recently reaffirmed the importance of this exercise in Lipsett v. Popular Bank, 2024WL 111247 (2nd Cir. Jan. 10, 2024), finding a bank’s arbitration provision unenforceable over a decade after it was…
Rigorous Scrutiny of Expert Evidence Results in Denial of Caustic Soda Class Certification
On December 28, the Western District of New York denied class certification in Miami Products & Chemical Co. v. Olin Corp, 1:19-cv-00385, an antitrust lawsuit alleging collusion over the price for caustic soda—a chemical used in various industries from pharmaceuticals to detergents. The proposed class of caustic soda purchasers alleged that defendants, the largest soda…
Federal Court Rejects Class Action Settlement Over Cy Pres Provision
Cy pres (or “next best”) provisions are a relatively common provision of class action settlements. The cy pres doctrine permits funds from a cash settlement in a class action to be sent to a third party, usually a charitable organization with a mission related to the claims in the lawsuit, rather than to class members. …
Pennsylvania Multi-District Wiretapping Litigation Finds Website Users Lack Article III Standing
A Pennsylvania federal district court overseeing a multi-district litigation recently dismissed various privacy and wiretapping claims against two online retailers, finding that allegations of interception and disclosure of mere “browsing activity” on those retailers’ websites is not “sufficiently personal or private” to confer Article III standing.
In In re: BPS Direct, LLC, and Cabela’s, LLC,…