State Courts May Become Sole No-Injury Class Action Forum

Law360, New York (January 8, 2016, 10:54 AM EST) -- Gavin Rooney

Joseph Fischetti

Amy Schwind A problem vexing many American businesses today is the spate of “no injury” class actions being filed by an aggressive plaintiffs bar. Citing technical violations of various statutory requirements — such as the Fair Credit Reporting Act, the Telephone Consumer Protection Act, the Fair and Accurate Credit Transactions Act or the Truth in Consumer Contract, Warranty and Notice Act — these suits seek to impose civil penalties on companies even when no class member was actually injured by the complained-of conduct.

In November, the U.S. Supreme Court heard oral argument in a case that could...

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