The Massachusetts Consumer Protection Act (Chapter 93A) protects consumers against unfair or deceptive business practices and allows consumers, under certain circumstances, to bring class actions against businesses to stop such
Continue Reading Massachusetts Businesses Face Consumer Class Actions Alleging Improper Product Substitution

Plaintiffs in consumer data breach class actions have struggled to establish Article III standing. Article III standing requires an alleged ‘‘concrete and particularized injury that is fairly traceable to the
Continue Reading Seventh Circuit Revives Another Data Breach Suit — Lewert v. P.F. Chang’s China Bistro, Inc.

On March 14, 2016, Ageas (formerly, Fortis Bank) and several foundations representing the Fortis shareholders announced a EUR 1.204 billion settlement of shareholder claims and they are now seeking to
Continue Reading The Dutch Act on Collective Settlement of Mass Claims (WCAM) Goes Global Again: A Forum Outside the United States to Resolve Mass Claims Disputes Internationally

In a ruling yesterday in Felix v. Ganley Chevrolet, Inc., No. 2013-1746, 2015 WL 5039233 (Aug. 27, 2015), the Ohio Supreme Court held that a class action cannot be certified where the plaintiff cannot demonstrate, through common evidence, that all putative class members incurred damages resulting from the defendant’s alleged conduct. For claims under Ohio’s Consumer Sales Practice Act (OCSPA), this requires demonstrating that all class members suffered actual damages.

The lawsuit involved allegations that the defendant, a car dealership, violated the OCSPA by requiring purchasers of vehicles to agree to an unenforceable arbitration provision. Plaintiffs alleged they incurred actual damages following a dispute with the defendant. Plaintiffs sought unspecified “monetary damages … where appropriate” for the class, but did not seek actual damages for class members. The trial court certified the proposed class under Ohio’s Civil Rule 23(B)(2) and (B)(3) (which are substantially similar to FRCP Rules 23(B)(2)( and (B)(3)), and awarded $200 per transaction to each class member based, not on any actual damages, but rather on the trial court’s “discretion.”
Continue Reading Ohio Supreme Court Rules Class Cannot be Certified Without Actual Damages Under Ohio’s Consumer Sales Practice Act