No Willful Violation of Fair Credit Reporting Act If Report Technically Accurate, Even If Misleading, Given Split on “Maximum Possible Accuracy”
Posted on Aug 28, 2017 in Consumer Protection | Comments Off on No Willful Violation of Fair Credit Reporting Act If Report Technically Accurate, Even If Misleading, Given Split on “Maximum Possible Accuracy”
In Pedro v. TransUnion LLC, 2017 WL 3623926 (11th Cir. Aug. 24, 2017), the Eleventh Circuit concluded that a consumer reporting agency did not adopt an “objectively unreasonable interpretation” of the Fair Credit Reporting Act (“FCRA”) when it stated on a consumer’s credit report that she was an authorized user of her parents’ credit card account (which later went into default) and...
NO TCPA LIABILITY FOR FAXES THAT DO NOT MARKET A PRODUCT
Posted on Jun 6, 2017 in Consumer Protection | Comments Off on NO TCPA LIABILITY FOR FAXES THAT DO NOT MARKET A PRODUCT
“Unsolicited advertisements” prohibited by the Telephone Consumer Protection Act (TCPA) do not include faxes that merely facilitate the purchase of a product but do not promote the sale of products, the Eleventh Circuit confirmed in Florence Endocrine Clinic, PLLC v. Arriva Medical, LLC, 2017 WL 2415966 (11th Cir. June 5, 2017). The defendant was a supplier of medical equipment...
Preclusive Effect of Engle Findings Against Tobacco Cases Does Not Violate Due Process
Posted on Jun 4, 2017 in Class Actions | Comments Off on Preclusive Effect of Engle Findings Against Tobacco Cases Does Not Violate Due Process
In a 7-3 decision, the Eleventh Circuit sitting en banc declined to overrule Walker v. R.J. Reynolds Tobacco Co., 734 F.3d 1278 (11th Cir. 2013), and held (again) that a jury’s negligence and strict liability findings in the Engle class action against tobacco companies may be given preclusive effect in follow-on individual cases without violating the Due Process Clause. Graham v. R. J....
ELEVENTH CIRCUIT WEIGHS IN ON CIRCUIT SPLIT DEFINING COPYRIGHT REGISTRATION
Posted on May 24, 2017 in Intellectual Property | Comments Off on ELEVENTH CIRCUIT WEIGHS IN ON CIRCUIT SPLIT DEFINING COPYRIGHT REGISTRATION
Registration of a copyright is a precondition to a suit for copyright infringement. The Eleventh Circuit joined the minority of circuits to have addressed whether registration occurs when an owner files an application to register the copyright or when the Register of Copyrights registers the copyright in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 2017 WL 2191243 (11th...
Asset Buyer Not Bound by Lanham Act Injunction Without Proof of Actual Notice
Posted on Apr 17, 2017 in Civil Procedure | Comments Off on Asset Buyer Not Bound by Lanham Act Injunction Without Proof of Actual Notice
The buyer of most of the operating assets of a company subject to a Lanham Act injunction was held by the Eleventh Circuit not to be subject to the injunction, even though the seller’s CEO and owner became president and part-owner of the buyer as part of the sale. ADT LLC v. NorthStar Alarm Services, LLC, 2017 WL 1364978 (11th Cir. Apr. 14, 2017). A year after the sale, the plaintiff,...
