Credit Reporting Agency’s Procedures and Investigation to Ensure FCRA Accurate Reporting Not Reasonable Enough for Summary Judgment
Posted on May 6, 2021 in Bankruptcy, Consumer Protection | Comments Off on Credit Reporting Agency’s Procedures and Investigation to Ensure FCRA Accurate Reporting Not Reasonable Enough for Summary Judgment
In Losch v. Nationstar Mortgage LLC, 2021 WL 1653016 (11th Cir. Apr. 28, 2021), the Eleventh Circuit considered whether the defendant Experian violated the Fair Credit Reporting Act’s requirements that a credit-reporting agency employ “reasonable procedures to assure maximum possible accuracy of the information concerning the individual” when preparing credit reports, 15 U.S.C. §...
Public Accommodations Under ADA Limited to Actual, Physical Places, with Website Accessibility Claims Permitted Only for Intangible Barriers to Access
Posted on Apr 30, 2021 in Consumer Protection | Comments Off on Public Accommodations Under ADA Limited to Actual, Physical Places, with Website Accessibility Claims Permitted Only for Intangible Barriers to Access
The fact that a website was incompatible with screen-reader software for visually impaired users was held insufficient (without more) to state a claim for public-accommodation discrimination under Title III of the Americans with Disabilities Act, in Gil v. Winn-Dixie Stores. Inc., 2021 WL 1289906 (11th Cir. Apr. 7, 2021). The Eleventh Circuit held in a majority opinion by Judge Lisa...
Debt Collector’s Provision of Consumer Information to Mail Service Is Actionable Under FDCPA
Posted on Apr 29, 2021 in Consumer Protection | Comments Off on Debt Collector’s Provision of Consumer Information to Mail Service Is Actionable Under FDCPA
Note: on November 17, 2021, the court ordered that this case be reheard en banc. In Hunstein v. Preferred Collection & Management Services, Inc., 2021 WL 1556069 (11th Cir. Apr. 21, 2021), the Eleventh Circuit held that a consumer had standing to challenge a debt collector’s provision of the consumer’s information to a third-party mail service and that the consumer’s allegations...
Court Upholds (Again) $20 Million Punitive-Damages Verdict Against Phillip Morris
Posted on Jan 27, 2021 in Constitutional Law, Consumer Protection | Comments Off on Court Upholds (Again) $20 Million Punitive-Damages Verdict Against Phillip Morris
In what may be one of the last Engle progeny cases to reach the Eleventh Circuit, the court again upheld an award of punitive damages against the tobacco company defendant, rejecting Phillip Morris’s argument that the award—which was over 3 times the amount of compensatory damages awarded to the individual plaintiff—was unconstitutionally excessive in violation of due process. Cote I...
Divided En Banc Court Dismisses FACTA Claims for Lack of Article III Standing
Posted on Nov 3, 2020 in Consumer Protection | Comments Off on Divided En Banc Court Dismisses FACTA Claims for Lack of Article III Standing
In Muransky v. Godiva Chocolatier, Inc., 2020 WL 6305084 (11th Cir. Oct. 28, 2020), a divided en banc court vacated the district court’s order approving a class-action settlement and directed that the case be dismissed because the plaintiff lacked standing sufficient to establish subject-matter jurisdiction. Muransky filed a putative class action against Godiva, alleging that the...
HVAC Heater Case Won’t Be Heating Up: Dismissal Affirmed
Posted on Jun 24, 2020 in Consumer Protection | Comments Off on HVAC Heater Case Won’t Be Heating Up: Dismissal Affirmed
The Eleventh Circuit’s decision on Monday in Warren Technology, Inc. v. UL LLC, 2020 WL 3406585 (11th Cir. June 22, 2020), turned on the basic question of whether the complaint’s allegation of a misrepresentation was a fact that needed to be accepted as true or could be ignored as a mere conclusory allegation. Defendant UL LLC is a nationally recognized testing laboratory that tests...