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In Pascal v. Concentra, Inc., No. 19-cv-02559-JCS, 2019 U.S. Dist. LEXIS 141400 (N.D. Cal. Aug. 20, 2019), Judge Spero confirmed that the TCPA affords no right to attorneys fees. It is undisputed that attorneys' fees are unavailable under the TCPA and Plaintiff has pointed to no source of authority that would allow him to recover attorneys' fees in this action.… Read More

In Patel v. Facebook, Inc., No. 18-15982, 2019 U.S. App. LEXIS 23673 (9th Cir. Aug. 8, 2019), the Court of Appeals for the 9th Circuit found that a class could be certified under the Illinois Biometric Privacy Act. The facts were as follows: When a new user registers for a Facebook account, the user must create a profile and agree… Read More

In In re Google Inc., No. 17-1480, 2019 U.S. App. LEXIS 23467, at *2-5 (3d Cir. Aug. 6, 2019), the Court of Appeals for the Third Circuit remanded the Google class action "cy-pres only" settlement back to the District Court for further evaluation. The defendant, Google Inc., created a web browser "cookie" that tracks an internet user's data (think following… Read More

In Noel v. Thrifty Payless, Inc., No. S246490, 2019 Cal. LEXIS 5696, at *1 (July 29, 2019), the California Supreme Court followed the Seventh Circuit's decision in Mullins v. Direct Digital, LLC (7th Cir. 2015) 795 F.3d 654, finding that in California the "ascertainability" requirement is satisfied so long as the class definition is stated in terms of objective characteristics… Read More

In Frank v. Gaos, the SCOTUS today placed further standing impediments to privacy and other purely statutory/no damages class actions, finding, following objections to the class action settlement, that the case should be remanded to determine standing under Spokeo.  The background facts were as follows: Three named plaintiffs brought class action claims against Google for alleged violations of the Stored Communications Act.… Read More

In Ronquillo-Griffin v. Transition Rental Screening Solutions, Inc., 2018 WL 325051, at *3–5 (S.D.Cal., 2018), the District Court denied production of the actual class's call recordings in a call recording class action because the content was private. Plaintiffs assert that the requested audio recordings “are highly relevant to several requirements for a class certification motion,” including numerosity, ascertainability, commonality, predominance, and manageability.… Read More

In George v. Guitar Center, Inc., 2018 WL 259001, at *1 (Cal.App. 2 Dist., 2018), the Plaintiffs challenged Guitar Center's practice of requesting and recording personal identification information when customers in its California stores pay using a credit card. The Court of Appeal in an unpublished decision found that the statute prohibits merchants from requesting personal identification information but only if the customer… Read More

In Leyse v. Lifetime Entertainment Services, Inc., 2017 WL 659894, at *2 (C.A.2 (N.Y.), 2017), the Court of Appeals affirmed the District Court's denial of a 'say-so' class administration class. Leyse argues that the district court abused its discretion in denying, on ascertainability grounds, his motion to certify a class composed of “all persons to whose residential telephone lines [Lifetime] or… Read More

In Ally Financial, Inc. v Trujillo, 2016 WL 4766225, at *6 (Cal.App. 6 Dist., 2016), the Court of Appeal held in an unpublished decision that class notice in an NOI class action adequately informed the class members of potential adverse tax consequences. On appeal, Trujillo and Riley contend that the class notice regarding tax consequences violates due process, and is therefore… Read More

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