Class Action - The Class Action Blog by Carr Maloney PC

Essential Businesses Face Potential Class Action Exposure From Employees Over Coronavirus Crisis

Due to the ongoing coronavirus crisis, state and local governments across the country have ordered almost all businesses to close. Tens of millions of employees in all fifty states have had to adapt to a new reality of working from home. But this new reality is not the reality for every business. Many “essential” businesses, including certain manufacturers and retailers, providers of emergency services, grocery stores, and sanitation companies, have continued their operations during the crisis. Their employees are expected to report to work.

Just because a business qualifies as “essential,” however, does not mean that business […]

By Matthew D. Berkowitz and Brian O’Shea|2020-04-09T09:42:32-04:00April 2nd, 2020|Practice Areas: Class Action|Topics: COVID-19, Exposure, Liability|

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DC Court of Appeals Refuses to Impose Strict Liability Under the TCPA

In a significant decision regarding the applicability of the Telephone Consumer Protection Act of 1991 (“TCPA”), the D.C. Court of Appeals recently held that the TCPA does not impose strict liability on a person or entity whose goods or services are advertised in an unsolicited fax. Instead, the Court ruled that the Act may impose vicarious liability on a person or entity on whose behalf unsolicited fax ads were sent, regardless as to who actually sent the faxes.

In FDS Rest., Inc. v. All Plumbing, Inc., No. 16-CV-1009, 2020 D.C. App. LEXIS 111 (Mar. 26, 2020), FDS […]

By Matthew D. Berkowitz and Gabriela Chambi|2020-04-09T09:44:10-04:00March 31st, 2020|Practice Areas: Class Action|Topics: Class Certification, Telephone Consumer Protection Act|

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Plaintiffs Quickly Filing Class Actions Over COVID-19

As we all know, the world has been dominated by COVID-19 for the last several weeks and tens of thousands of people have already been infected with the virus in the United States. We have seen drastic changes in the economy and our daily lives. We have also seen the first wave of class action lawsuits filed against businesses in connection with COVID-19. Plaintiffs are alleging that businesses misrepresented their products and services with respect to protecting individuals from illness and that businesses negligently exposed individuals to COVID-19. The following are just a few of such […]

By Matthew D. Berkowitz and Brian O’Shea|2020-04-09T09:44:35-04:00March 26th, 2020|Practice Areas: Class Action|Topics: COVID-19, Misleading claims|

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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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