Article Archives - The Class Action Blog by Carr Maloney PC

Free Speech and the TCPA: How an Upcoming Supreme Court Decision May Affect the TCPA and Impact Businesses

On January 10, 2020, the Supreme Court agreed to review a Fourth Circuit decision challenging the constitutionality of an exemption to the Telephone Consumer Protection Act of 1991 (the “TCPA”). See Barr v. American Ass’n of Political Consultants, No. 19-631.

The TCPA was enacted in 1991 in response to unwanted, automated phone calls that affect many Americans on a daily basis. The TCPA broadly prohibits telephone solicitation through the use of “automatic telephone dialing systems.” See 47 U.S.C. § 227. However, in response to the rapid technological advancements since 1991, Congress has curtailed the provisions of the […]

By Samantha Lewis and Matthew D. Berkowitz|2020-05-08T14:26:37-04:00February 24th, 2020|Practice Areas: Class Action|Topics: SCOTUS, Telephone Consumer Protection Act|

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Class Actions and Privacy Laws – Could Facial Recognition Technology Be Changing the Face of the “injury-in-fact” Requirement for Class Actions?

Facial recognition software has grown exponentially over the past several years. It is used almost everywhere, from airports, shopping centers, law enforcement and even Facebook. Many states have also issued privacy laws protecting consumers from these types of invasions of privacy. For example, Illinois enacted The Illinois Biometric Information Privacy Act, which has been in the news lately. 740 Ill. Comp. Stat. 14/1 et seq. (2008). This statute requires companies to obtain written releases from individuals before collecting their “face geometry” and other biometric data.

A recent case demonstrates the strict application of this statute. In 2015, […]

By Gabriela Chambi|2020-02-18T13:54:16-05:00February 18th, 2020|Practice Areas: Class Action, Cybersecurity & Privacy|Topics: Data Security, Social Media, Technology|

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Thinking of Suing Over Baseball Sign Stealing? Think Again.

The old elephant in the room of Major League Baseball has reared its ugly head once again: cheating. More specifically, sign stealing. Cheating and baseball have a long marriage. The 1951 New York Giants, in fact, won maybe the most famous pennant in baseball history by illegally stealing signs.

Technology, however, has changed sign stealing from an old baseball tradition into something more like a large-scale fraud. On January 13, 2020, Major League Baseball completed its investigation of an illegal sign stealing scheme by the Houston Astros—an investigation that it has called the most extensive investigation in […]

By Brian O’Shea|2020-02-03T10:27:51-05:00February 3rd, 2020|Practice Areas: Class Action, General|Topics: Baseball, Fan Lawsuits|

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The Future of Class Actions in The Self-Driving Vehicle Industry

For years, experts have forecasted that our streets will soon be filled by autonomous, self-driving vehicles. Rather than sitting behind the wheel and worrying about traffic and other motorists, we will be able to ride in comfort in our vehicles while watching television, surfing the Internet, or catching up on emails—all as the vehicle safely drives itself. While the full impact of autonomous vehicles remains a mystery, eventually, they are likely to revolutionize the way we travel.

One thing that is certain, however, is that as we adapt to self-driving vehicles (and they adapt to us), there […]

By Brian O’Shea|2020-01-13T11:39:01-05:00January 13th, 2020|Practice Areas: Class Action|Topics: AV START Act, Class Certification|

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Holiday Shopper Beware: CBD Oil, A Growing Trend in Class Action Litigation

As consumer purchases ramp up for the holiday season, a recent wave of class action law suits brings to light safety concerns over the use Cannabidiol (“CBD”) oil.

CBD is a chemical in the Cannabis sativa plant, also known as marijuana or hemp. In 2018, the Farm Bill permitted the sale of hemp-based products in the United States. However, the United States Food and Drug Administration (“FDA”) prohibits marketing CBD as a dietary ingredient for use in dietary supplements. Additionally, the FDA prohibits marketing any potential health benefits of the product. Proponents of CBD allege the product […]

By Maxwell Bernas|2019-12-20T11:03:19-05:00December 20th, 2019|Practice Areas: Class Action, Product Liability|Topics: Class Certification|

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The Vaping Industry: Targeted By Class Action Lawsuits

In recent decades, there has been a significant decline in cigarette use, especially among the younger generation. Electronic cigarettes, also known as e-cigarettes, have begun to fill that void. E-cigarettes, while marketed as a cooler and safer alternative to traditional cigarettes, operate in almost the same way as traditional cigarettes. They contain nicotine-infused water that users inhale as vapor. They also come in a variety of different flavors, including cotton candy, chocolate, bubble gum, and crème brulee.

A significant number of class action lawsuits, however, have accompanied the rise in popularity of e-cigarettes. Recently, the Los Angeles […]

By Brian O’Shea|2019-11-26T13:21:24-05:00November 8th, 2019|Practice Areas: Class Action, Product Liability|Topics: Class Action Lawsuits, E-Cigarettes, Health Concerns|

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Federal Court Decertifies FCRA Class Action for Lack of Standing Under Spokeo

On October 18, 2019, a federal judge in the United States District Court for the Central District of California decertified a class of approximately 6.5 million Wal-Mart job applicants, ruling that the plaintiffs failed to satisfy Article III standing requirements under Spokeo v. Robins. The Supreme Court in Spokeo reiterated that a statutory violation by itself and without a concrete injury is insufficient to confer Article III standing.

In Pitre v. Wal-Mart Stores, Inc., a class of plaintiffs alleged that Wal-Mart violated the Fair Credit Reporting Act by failing to provide job applicants with required and sufficient […]

By Matthew D. Berkowitz|2019-11-26T13:20:52-05:00October 22nd, 2019|Practice Areas: General|Topics: Class Certification, FCRA|

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Ninth Circuit Certifies Minor League Baseball Wage and Hour Class Action

On August 16, 2019, the U.S. Court of Appeals for the Ninth Circuit ruled that minor league baseball players in Arizona and Florida could join minor leaguers in California in a multi-state employment class action against major league baseball ownership and its franchises. The players claim that baseball’s owners and teams failed to comply with the federal Fair LaborStandards Act and Arizona, California, and Florida labor laws by not paying them the required minimum wage. While the players were paid a minimum wage for a 40-hour work week, they claim they were required to work much […]

By Brian O’Shea|2019-11-26T13:20:27-05:00September 9th, 2019|Practice Areas: Labor & Employment|Topics: Circuit Court, Class Certification|

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NLRB Finds Employers Can Modify Arbitration Agreements After Suit to Prohibit Participation in Collective Actions

On August 14, 2019, the National Labor Relations Board ruled that employers can revise mandatory arbitration agreements to prohibit employees from joining class and collective actions even after a suit has been filed. The NLRB further held that employers may condition continued employment on the execution of the amended agreement and threaten to terminate those who refuse. Neither action was found to violate Section 8(a)(1) of the National Labor Relations Act, which prohibits employers from interfering with employees’ union-related activities under Section 7 of the Act.

In the case at bar, a group of employees filed a […]

By Brian O’Shea|2019-11-26T13:19:50-05:00August 21st, 2019|Practice Areas: Labor & Employment|Topics: Arbitration|

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D.C. District Court Dismisses Proposed Class Action Against The George Washington University Alleging Mismanagement of Workers’ Retirement Savings

On Monday, July 15, 2019, the United States District Court for the District of Columbia dismissed a proposed class action lawsuit against The George Washington University. The suit was filed under the Employee Retirement Income Security Act. The Court held that Plaintiff Melissa Stanley lacked standing to sue because she explicitly gave up her right to sue as part of a 2016 settlement with the University.

Stanley filed the instant lawsuit against the University in April 2018, alleging that the University, its board of trustees, and its plan administration committee breached their fiduciary duty by burdening Stanley’s […]

By Brian O’Shea|2019-11-26T13:19:27-05:00July 16th, 2019|Practice Areas: General, Labor & Employment|Topics: District Court, ERISA, Retirement Plan|

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Junk Faxes – The Telephone Consumer Protection Act and the Battle of the “Unsolicited Advertisement”

On June 20, 2019, the Supreme Court issued its decision in PDR Network, LLC, et al. v. Carlton & Harris Chiropractic, Inc., Docket No. 17-1705. This case involves the receipt of an unsolicited fax and whether such a fax violates the Telephone Consumer Protection Act (“TCPA”). The Court declined to squarely answer the question, but instead, sent it back to theCourt of Appeals for additional review.

Generally, under the Telephone Consumer Protection Act (“TCPA”) anyone can sue if they receive an unsolicited ad by fax. This is exactly what happened in PDR Network. Carlton & Harris Chiropractic […]

By Matthew D. Berkowitz and Gabriela Chambi|2019-11-26T13:19:03-05:00June 27th, 2019|Practice Areas: Consumer Protection|

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The District of Columbia Circuit in the Spotlight: Does Bristol-Myers Apply to Class Action Lawsuits?

The appeal at issue originated from a class action lawsuit filed by Whole Foods Market’s employees in the United States District Court for the District of Columbia. Molock v. Whole Foods Mkt., Inc., 297 F.Supp. 3d 114 (D.D.C. 2018). Specifically, on June 22, 2017, Whole Foods Market’s employees filed a class action lawsuit for unpaid wages. The class consisted of current and former Whole Foods Market employees from the District of Columbia and several states. The employees claimed that they were not paid their entitled bonuses as a result of managers manipulating certain labor cost and […]

By Samantha Lewis and Gabriela Chambi|2020-04-15T10:19:51-04:00June 3rd, 2019|Practice Areas: General|Topics: Jurisdiction|

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