Consumer Finance Class Actions: FCRA and FACTA
Leveraging New Developments in Certification, Damages and Preemption
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Wednesday, March 21, 2012
Recorded event now available
This CLE webinar will provide class action counsel with an overview of developments in FCRA and FACTA class action litigation, with a focus on the issues of proportionality of damages at the certification stage and state law preemption. The panel will provide litigation approaches for plaintiff and defense counsel.
Description
Class suits based on the Fair and Accurate Credit Transactions Act (FACTA) are extremely risky for companies as statutory penalties of $100 to $1000 per violation can far exceed the actual harm caused by the disclosure of credit card information.
The 9th Circuit’s 2010 Bateman v. American Multi-Cinema decision held that liability vastly disproportionate to harm suffered is not sufficient to deny certification in FACTA actions. This case and a similar 7th Circuit ruling may pressure businesses into unduly large settlements for de minimus violations.
Counsel handling FCRA class action claims must be prepared for issues such as proof of damages, willfulness of the violations, notice and remediation of violations, and FCRA preemption of state laws.
Listen as our our authoritative panel of class action litigators analyzes recent developments in FCRA/FACTA litigation, including the issue of whether the disproportionality of damages can be used to defeat class certification. The panel will offer litigation strategies for plaintiff and defense counsel.
Outline
- Recent trends and case law development in FCRA class suits
- Lawsuit allegations and theories
- Location of lawsuits
- Class certification activity
- Settlement activity
- State law preemption
- Disproportionate or bankrupting liability as factor in class certification
- Cases rejecting disproportionate liability to deny class certification
- Cases supporting disproportionate liability to deny class certification
- Bankrupting liability
- Litigating FCRA/FACTA suits
- Class certification
- Damages
- Notice and remediation of violation
- Willfulness of violation
Benefits
The panel will review these and other key questions:
- How have courts interpreted the U.S. Supreme Court’s 2007 decision in Safeco Ins. Co. v. Burr to include both knowing and reckless violations of FCRA within the “willfulness” standard for statutory damages?
- What arguments and case law support the contention that courts should consider the disproportionality of damages in class certification and should bankrupting liability be a factor for the court to consider in deciding whether to certify the class?
- How have courts applied the often-confusing preemption provisions in FCRA to state law claims?
- Will courts expand the scope of FACTA to include electronically-transmitted receipts?
Faculty
Barry Goheen,
Partner
King & Spalding, Atlanta
He has served as lead or co-counsel in over 50 class actions in all areas of the law, including antitrust, securities fraud, consumer protection, privacy/data breach, product liability and general commercial disputes in state and federal courts representing such clients as The Coca-Cola Company, SunTrust Banks, Countrywide, Equifax, General Motors Corporation, Humana, and Bank of America.
Donna L. Wilson,
Partner
Buckley Sandler, Santa Monica, Calif.
She represents financial services providers, including banks, mortgage companies, national retailers, franchisors, telecommunications and media companies in a variety of privacy and information security, fair credit and state unfair and deceptive trade practice matters. She writes and lectures extensively on class action litigation, privacy and data breach issues, and insurance coverage.
James A. Francis,
Atty
Francis & Mailman, Philadelphia
He focuses his practice in consumer protection litigation, with a particular concentration in fair credit reporting, fair debt collection practices and consumer class actions. He has been certified to serve as class counsel by numerous courts in Pennsylvania and other states. He is a frequent speaker for consumer financial services litigation CLE programs.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $297.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
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Program Materials
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Program Materials
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CLE Credit
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Customer Reviews
The seminar covered an important subject with major policy implications and the speakers addressed it completely with professionalism and thorough knowledge.
Allyn Z. Lite
Lite DePalma Greenberg, LLC
I liked that the speakers had great knowledge of the topic and presented it with ease without making it overly complicated or rushing through the material.
Laura S. Brooks
Law Office of Laura S. Brooks
The speakers were tops in their industry.
Peter Danias
Kaye Scholer
The speakers prepared good outlines and followed them during their presentations.
John Wm Ringer
Ringer Law Office
Very concise - provided what was needed, yet also included many examples, thoughts and ideas.
Ron Keith
Skilled Care
Class Action Law Advisory Board
Partner
Reed Smith
Partner
Hagens Berman Sobol Shapiro
Partner
O'Melveny & Myers
Partner
Alston & Bird
Partner
Goldman Scarlato & Karon
Partner
Weinstein Kitchenoff & Asher
Partner
Winston & Strawn
Partner
Edwards Wildman Palmer
Partner
King & Spalding
Professor
Harvard Law School
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