2019
Web Arbitration Clauses: Federal Court Upholds “Terms of Use”
David Bertoni / 0 CommentsOn June 7, 2019, the United States District Court for the Northern District of Illinois ruled in favor of retailer Wayfair LLC, and its parent company, Wayfair Inc., in a decision that both (1) upholds a web arbitration agreement and (2) provides useful guidance in presenting “terms of use” to website shoppers. What can we...
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2019
B&I Secures Dismissal of California Privacy Class Action Complaint
David Swetnam-Burland / 0 CommentsOn May 1, 2019, the U.S. District Court for the Northern District of California dismissed a putative class action filed against Brann & Isaacson client, NaviStone, Inc., and New Moosejaw, LLC. NaviStone, represented by David Bertoni, David Swetnam-Burland, and Eamonn Hart, had moved to dismiss the complaint based on the plaintiff’s lack of standing and...
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2018
Federal Judge Orders Final End To Wiretapping Class Action Lawsuit
David Swetnam-Burland / 0 CommentsOn December 4, 2018, U.S. District Judge Esther Salas of the District of New Jersey finalized the dismissal of a putative class action lawsuit filed by Michael Allen against NaviStone, Inc., represented by B&I partner David W. Bertoni, and Quicken Loans Inc. In an earlier order, Judge Salas had agreed with the arguments made by...
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2018
Brann & Isaacson Again Secures Dismissal Of Wiretapping Class Action Lawsuit
David Swetnam-Burland / 0 CommentsOn November 9, 2018, U.S. District Judge Esther Salas of the District of New Jersey ordered the dismissal of a putative class action lawsuit filed by Michael Allen against NaviStone, Inc., represented by B&I partner David W. Bertoni, and Quicken Loans Inc. Allen’s complaint alleged that NaviStone provided Quicken Loans with a JavaScript code that...
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2018
Autodialers: Ninth Circuit (Again) Opens Class Action Floodgates
David Bertoni / 0 CommentsBusinesses who market by text or telemarketing beware. On September 20, 2018, the Ninth Circuit adopted the most radical and expansive definition of what constitute autodialers for purposes of liability in the Telephone Consumer Protection Act (“TCPA”). This startling interpretation of the TCPA, which could make even smartphones autodialers, is a potent reminder that, in...
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2018
Brann & Isaacson Secures Dismissal Of Wiretapping Class Action Lawsuits
David Swetnam-Burland / 0 CommentsOn July 12, 2018, Senior United States District Judge William H. Pauley III of the Southern District of New York issued an opinion and order dismissing three separate class action privacy lawsuits alleging claims under federal wiretap and electronic surveillance statutes and New York consumer protection laws. The court agreed with the arguments made by...
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2017
Class Actions: What Might Be On Your Horizon as a Direct Marketer?
David Bertoni / 0 CommentsCompanies who have faced class action lawsuits, even (and maybe especially) frivolous ones, won’t soon forget the experience. Just getting a case dismissed, or fending off class certification in the first place, can be extraordinarily costly and stressful. The amounts at stake are often huge–with potential downsides of “per violation” penalties in the four...
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2017
Spokeo Speaks — Again
David Bertoni / 0 CommentsIn Robins v. Spokeo, Inc., the U.S. Court of Appeals for Ninth Circuit has again allowed a case to go forward on a gossamer thread of alleged “harm,” despite the U.S. Supreme Court’s admonition that concrete harm must alleged.
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2017
Reference Prices: Are You at Risk?
David Bertoni / 0 CommentsReference prices advise consumers that they are getting a bargain. The California Court of Appeal, however, just upheld a $6.8 million penalty on the grounds that a company’s use of list prices and comparison prices constituted a deceptive trade practice. Amazon is also apparently under investigation for its use of list prices. If past is prologue, we...
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2017
Former Prices: A Class Action Trap
David Bertoni / 0 CommentsDo you promote “former prices” to underscore the bargains you’re offering? If so, you should be on high alert. Increasingly, lawyers are targeting these kinds of promotions for sweeping class action lawsuits.
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