Federal Judge Orders Final End To Wiretapping Class Action Lawsuit

On 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...

Brann & Isaacson Again Secures Dismissal Of Wiretapping Class Action Lawsuit

On 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...

Autodialers: Ninth Circuit (Again) Opens Class Action Floodgates

Businesses 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...

Brann & Isaacson Secures Dismissal Of Wiretapping Class Action Lawsuits

On 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...

Class Actions: What Might Be On Your Horizon as a Direct Marketer?

Companies 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...

Spokeo Speaks — Again

In 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.

Reference Prices: Are You at Risk?

Reference 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...

Former Prices: A Class Action Trap

Do 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.

Arbitration Redux: Supreme Court Speaks Again

Just seven days after my last blog post on arbitration clauses, the United States Supreme Court issued its decision in DIRECTV, Inc. v. Imburgia finding, yet again, that a class action waiver provision was enforceable against a consumer.  Although the decision turned on a rather nuanced question of contract interpretation, it serves as a powerful reminder of...

Arbitration Clauses Under Attack, Again

David W. Bertoni: On November 7, 2014, I wrote about the implications for direct marketers of the FTC’s case against AT&T for unfair and misleading trade practices.  (To bring you up to speed, since that time, the federal court rejected AT&T’s motion to dismiss claims based upon so-called “data throttling” on the grounds of its...