Tag Archives: Seventh Circuit

Third Circuit Eyes Up Consumers’ Standing, Splits With Seventh Circuit

Third
Last month, the Third Circuit issued a 2-1 decision in Cottrell v. Alcon Labs.,[1] reversing a district court’s dismissal of a class action lawsuit on standing grounds.  The putative class in Cottrell is comprised of consumers of prescription eye droplet medication used to treat glaucoma.  In their complaint, the named plaintiffs allege that the manufacturers … Continue reading this entry

Seventh Circuit Underscores Important Role for Pre-Certification Challenges to Expert Witnesses

Seventh
In order to certify a class action, it is the plaintiff’s burden to prove that all of the requirements of Rule 23 of the Federal Rules of Civil Procedure are satisfied. In some class actions, plaintiffs cannot proceed without expert testimony that can prove, at a minimum, that issues can be addressed based on common … Continue reading this entry

Seventh Circuit Rejects Latest Attempt To Pick Off TCPA Plaintiffs

Ascertainability
Defense counsel facing potential multimillion-dollar judgments from the threat of class action proceedings—particularly class actions brought under statutes providing for treble damages and attorney’s fees, such as the Racketeer Influenced Corrupt Organizations (RICO) Act, the Real Estate Settlement Procedures Act (RESPA), and the Telephone Consumer Protection Act (TCPA) —have gotten creative in their attempts to … Continue reading this entry

When Is a Debt Not a Debt? The Supreme Court May Need to Decide

A recent decision by the Seventh Circuit has held that the Fair Debt Collection Practices Act (“FDCPA”) is violated when a debt collector sends a dunning letter seeking to settle a time-barred debt, even when no litigation is threatened. The Third and Eighth Circuits have disagreed. This sets up a split in the Circuits that … Continue reading this entry

Seventh Circuit Affirms Rulings on Debt Collection Notices

The U.S. Court of Appeals for the Seventh Circuit, in a consolidated appeal of four separate cases, recently affirmed a lower court’s dismissal of four separate cases for failure to state claims under the federal Fair Debt Collection Practices Act (FDCPA). In Gruber v. Creditors’ Protection Service, Inc., Nos. 13-2084, 13-2164, 13-2297 and 13-2351, __ F.3d … Continue reading this entry

Seventh Circuit Limits Application of State Consumer Act

The United States Court of Appeals for the Seventh Circuit granted summary judgment in favor of Home Depot in a case limiting the application of the Wisconsin Consumer Act. Plaintiffs had argued that Home Depot’s failure to remove a credit card charge of $9,761.64 on a Home Depot credit card issued by Citibank violated sections … Continue reading this entry

Seventh Circuit Affirms Summary Judgment in FDCPA Action, Criticizes Survey Evidence, and Suggests District Courts Appoint Neutral Survey Experts

The Seventh Circuit Court of Appeals recently issued an opinion in two related class action suits involving the Fair Debt Collection Practices Act (FDCPA) (15 U.S.C. §§ 1692-1692p) – DeKoven v. Plaza Assoc. and Kubert v. Aid Assoc. Plaintiffs complain about “dunning letters” sent to them by debt collectors. The letters state in relevant part: (1) that … Continue reading this entry

Indiana Consumer Protection Law Violates The Commerce Clause

In a January 28, 2010 opinion, Midwest Title Loans, Inc. v. Mills, the Seventh Circuit has affirmed a permanent injunction issued by the district court invalidating a section of Indiana’s version of the Uniform Consumer Credit Code for violating the Commerce Clause of the U.S. Constitution. Indiana added a provision to the Code in 2007 … Continue reading this entry

Seventh Circuit Affirms District Court's Reduced Fee Award in FDCPA Case

Robert Duff began representing James and Christy Gastineau approximately three years after they filed suit in the Southern District of Indiana raising Fair Debt Collection Practices Act (“FDCPA”) claims. Duff was the third attorney to represent the Gastineaus in the case. Although Duff claimed that he had thirteen years of litigation and consumer law experience, … Continue reading this entry

Seventh Circuit Rejects Argument That TILA Was Violated by Coupling a Service Contract or Extended Warranty With a Financing Agreement

The Seventh Circuit has affirmed the dismissal of a Truth in Lending Act (“TILA”) claim in Sales v. Urankar, et al. In Sales, the plaintiff alleged that he entered into a retail installment contract for the purchase of truck that violated TILA because it was conditioned on the plaintiff’s agreement to a service contract or … Continue reading this entry