As a litigator, there’s nothing more important than pleading your case – and a recent case from the Eastern District of Pennsylvania reminds us that in litigation, more often than not, there are no chances for do-overs.
In Kelly v. Realpage, Inc., No. 2:19-cv-01706-JDW, 2021 U.S. Dist. LEXIS 842 (E.D. Pa. Jan. 5, 2021),
The world of digital marketing has grown exponentially in the last two decades. In fact, it was estimated that in 2020, despite the global pandemic, approximately $332.84 billion will be spent on digital advertising worldwide.[1] Not surprisingly, sophisticated algorithms (such as real-time bidding and programmatic ad buying) have been built in recent years to
Back in August, CPW reported on a developing issue in the consumer privacy space – one of the “big three” consumer reporting agencies (“CRAs”) was sued for using “matching technology” against the “Specially Designated Nationals” list maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control, and similar “terrorist watch lists,” on
Earlier this fall, a federal court granted a trade association’s motion for a declaratory judgment against the Maine attorney general and the superintendent of Maine’s Bureau of Consumer Credit Protection. The litigation concerned amendments the Maine legislature enacted to the Maine Fair Credit Reporting Act. Consumer Data Indus. Ass’n v. Frey, 2020 U.S. Dist.
This week brought news of a Federal Trade Commission (“FTC”) complaint and proposed $4.25 million settlement with AppFolio, Inc. (“AppFolio”), a California-based company that provides “screening reports” to property management companies regarding potential tenants’ rental, credit, and criminal histories,. While the settlement bears a hefty price tag, it was Commissioner Rohit Chopra’s dissenting statement that
As you will recall from CPW’s prior update (here), earlier this fall, the CFPB issued a final rule (the “Rule”) to implement the Fair Debt Collection Practices Act (“FDCPA”). 12 CFR Part 1006 et seq. The Rule is perhaps the most significant development affecting the debt collection industry since the FDCPA came
A recent case in the Northern District of Georgia confirms that when evaluating whether a tradeline in a consumer report is accurate, a court will consider the entire record in context and not focus on individual elements in isolation. See Ellis v. Warehouse Home Furnishings Distribs., 2020 U.S. Dist. LEXIS 225572 (N.D. Ga. 2020).
Under the Federal Rules of Civil Procedure, including exhibits to a motion to dismiss may convert the motion into a motion for summary judgment. Generally, there are exceptions to this rule, such as including as an exhibit a document that the plaintiff relied on in its complaint. The decision whether to include an exhibit in
The Fair Credit Reporting Act (“FCRA”) permits consumers to dispute the details of their credit reports. Upon receipt of a dispute, the credit reporting agency (“agency”) must notify the party that furnished the disputed information, which then has a duty to investigate. 15 U.S.C. § 1681i(a)(2). The FCRA provides a private right of action to
The Eleventh Circuit recently took a huge bite out of consumers’ ability to bring class actions. In Muransky v. Godiva Chocolatier, Inc., 2020 U.S. App. LEXIS 33995 (11th Cir. Oct. 28, 2020) (en banc), the court uprooted the circuit’s plaintiff-friendly view of standing and forcefully held that consumers can’t sue for technical statutory violations.