On June 1, 2021, the 11th Circuit stymied a certified class’s effort to force an insurance company to cover its insured’s TCPA settlement. Horn v. Liberty Ins. Underwriters, Inc., 998 F.3d 1289 (11th Cir. 2021). The court agreed with the district court’s...
TransUnion’s Unintended Consequence: More State Court Class Actions
It has been well documented that the Supreme Court’s June 25, 2021, opinion in TransUnion LLC v. Ramirez further limits the ability of plaintiffs to bring lawsuits in federal court based on technical statutory violations. Indeed, to establish federal court...
Can a Text Stand on Its Own? The 5th Circuit Says Yes
We are all Lucas Cranor. In June 2018, Cranor made a purchase at a store called 5 Star, and while there, he gave 5 Star his mobile number. As a reward for his patronage, 5 Star sent Cranor a series of unsolicited advertising texts, about both a...
The Supreme Court to rule soon on what level of harm plaintiffs must establish to have standing to sue for statutory violations in the absence of actual harm.
Sergio Ramirez was trying to buy a car at a Nissan dealership when he was informed that his name matched two names on a list of suspected terrorists and criminals with whom U.S. companies are barred from doing business. TransUnion had provided to the dealership both...
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