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Manno v. Healthcare Revenue Recovery Group, No. 11-61357 (S.D. Fla.) (Mar. 26, 2013) Judge Scola. Granting class certification. Individual consent issues often derail putative TCPA classes. Not this one (at least not yet). The plaintiff gave his cellphone number to a hospital as part of his admission to the emergency room. Later, when the plaintiff […]

Quesada v. Banc of America Investment Services, No. 11-cv-01703 (N.D. Cal.) (Feb. 19, 2013) Judge Rogers. Denying class certification. A California client of Merrill Lynch (successor-in-interest to Banc of America Investment Services) sued the investment firm alleging that it violated California’s Invasion of Privacy Act by surreptitiously recording her conversations with Merrill employees. She sought […]

Jamison v. First Credit Services, Inc., No. 12 C 4415 (N.D. Ill.) (Mar. 28, 2013) Judge Kendall. Denying class certification. A Honda customer sued First Credit Services (Honda’s debt collection firm) under the Telephone Consumer Protection Act alleging that First Credit obtained his cellphone number illegally through “skip-tracing” (a fancy term for investigative research). The […]

Harris v. comScore, Inc., No. 11 C 5807 (N.D. Ill.) (Apr. 2, 2013) Judge Holderman. Granting class certification in part. Everybody shops on the Internet these days. comScore developed software that tracks consumers’ online behavior. Consumers download the software in exchange for incentives like free third-party software. Each person who downloads comScore’s software agrees (through […]

On Tuesday, May 28, at the direction of New York Governor Andrew Cuomo, the New York State Department of Financial Services (“DFS”) requested that the State’s largest insurance companies provide DFS with information regarding their cybersecurity practices. Among other requests, DFS is seeking information on what cybersecurity safeguards those insurance companies have in place, whether […]