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|SCC Maintains Permissive View of Quebec Class Actions and confirms the Consumer Protection Act applies to Bank Conversion Charges|
Shaun Emery Finn; McCarthy Tétrault LLP;
October 8, 2014, previously published on September 22, 2014In Bank of Montreal v. Marcotte, 2014 SCC 55, the Supreme Court dismissed appeals brought by various banks contesting the applicability of the Quebec Consumer Protection Act (“CPA”) to conversion charges charged by banks of foreign currency transactions. The Court concluded that certain...
|The Marcotte Decision: The Supreme Court of Canada Rules Against Banks in Provincial Consumer Protection Class Action|
David T. Neave, Rebecca R. von Rüti; Davis LLP;
September 23, 2014, previously published on September 22, 2014On September 19, 2014, the Supreme Court of Canada (the “Court”) ruled in Bank of Montreal v. Marcotte (“Marcotte”) that Quebec’s consumer protection legislation is applicable to federally regulated banks such that it provides the basis for consumer class actions in...
|Federal Court Relaxes Requirements for Australian Class Actions|
John Emmerig, Michael Legg; Jones Day;
September 19, 2014, previously published on September 2014Ms Gray commenced two class actions related to the provision of consumer credit by Cash Converters franchises through "personal loan" and "cash advance" contracts. The respondents are alleged to have engaged in unconscionable conduct in contravention of s 12CB(1) of the...
|Court Approves Unique Overtime Class Action Settlement|
Dylan R. Snowdon, Justin Turc; McCarthy Tétrault LLP;
August 25, 2014, previously published on August 13, 2014Canadian employers have been watching a series of class action claims, with employees claiming hundreds of millions of dollars in unpaid overtime, since 2007. In January 2014 we summarized the progress of those cases here -...
|Multi-Million Dollar Settlements Prompt Record Filing of TCPA Lawsuits|
Wilson G. Barmeyer, Thomas M. Byrne, Ellen M. Dunn, Allegra J. Lawrence-Hardy, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
August 18, 2014, previously published on August 12, 2014High-dollar settlements of class actions filed under the Telephone Consumer Protection Act appear to have prompted the filing of a record number of new TCPA cases in federal courts nationwide. In the largest TCPA settlement announced to date, on July 29, 2014, a federal court in Illinois...
|Surf’s Up: The Wave of High-profile Privacy Class Actions|
Richard L. Reiter, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
August 7, 2014, previously published on July 22, 2014Businesses have revolutionized the way they reach customers. Through computers, smart phones, iPads and a host of other technologies, we can now make purchasing decisions from the comfort of our homes. All we need to do is enter our personal information and our credit card data, and one click later...
|A Higher Price Tag on Privacy? An Ontario Court Certifies a Class Action for Breach of Privacy|
Christopher McClelland; Blaney McMurtry LLP;
July 23, 2014, previously published on July 17, 2014Organizations that collect or handle personal information are generally aware that they have an obligation to protect that information from loss or misuse. However, recent developments in the area of privacy law have highlighted the significant financial liabilities such organizations may face if...
|Duran v. U.S. Bank: When Class Certification Goes Wrong|
Shaun J. Voigt; Fisher & Phillips LLP;
July 15, 2014, previously published on July 1, 2014The California Supreme Court recently handed down a landmark decision on class actions. The trial judge lost control of the certification and evidentiary presentation of the case resulting in a $15 million verdict against U.S. Bank National Association (USB). In this long-awaited decision, the...
|Ninth Circuit Rules That Redbox's Collection of Customer Zip Codes Falls under "Deposit" Exception to California's Song-Beverly Act|
Michael L. Mallow, Christine M. Reilly; Loeb & Loeb LLP;
July 14, 2014, previously published on July 2014In a 2-1 decision, a Ninth Circuit panel has affirmed a district court's dismissal of a putative class action against Redbox - the company with the bright red DVD-rental kiosks - alleging violations of California's Song-Beverly Credit Card Act, which prohibits retailers from collecting personal...
|Canadian Court Certifies Visa/Mastercard Class Action|
Emrys Davis, Michael A. Eizenga, Robert W. Staley; Bennett Jones LLP;
April 7, 2014, previously published on March 28, 2014In reasons publicly released on Thursday March 27, 2014, Chief Justice Bauman certified two classes of Canadian merchants who allege a price-fixing conspiracy related to Visa and MasterCard interchange fees. As the first contested certification decision in a price-fixing case since a series of...