Challenging No-Injury Class Actions In State Court
Law360, New York (August 30, 2016, 12:49 PM EDT) -- Joshua Briones
E. Crystal Lopez
A problem facing many businesses in the U.S. is being subject to a "no-injury" class action filed by enterprising plaintiffs counsel who cite technical violations of 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 and Warranty and Notice Act. Then there are nonstatutory based claims — such as those alleging some kind of unfair competition based on an alleged technical misuse of a word in labeling or marketing materials like "all natural" or "organic.
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