Justia Consumer Law Opinion Summaries

Articles Posted in US Court of Appeals for the District of Columbia Circuit
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Plaintiffs are commercial truck drivers who received citations for violating state vehicle safety laws. State officials reported these citations to the Federal Motor Carrier Safety Administration for inclusion in the Motor Carrier Management Information System (MCMIS), 49 U.S.C. 31106(a)(3)(B). After state courts dismissed misdemeanor charges arising from the citations, the drivers asked the Administration to remove them from the MCMIS. The Administration forwarded the requests to the relevant state agencies, which declined to remove the citations. The drivers later authorized the release of their PreEmployment Screening Program (PSP) reports to prospective employers.The drivers allege harm from the inclusion of their citations in the PSP reports and sought damages under the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681e. The drivers alleged that the Administration violated FCRA by not following reasonable procedures to ensure that their PSP reports were as accurate as possible, by failing to investigate the accuracy of their PSP reports upon request, and by refusing to add a statement of dispute to their PSP reports. The D.C. Circuit affirmed the dismissal of the suit. The Administration, in releasing MCMIS records as required by the SAFE Transportation Act, is not a “consumer reporting agency” under FCRA. View "Mowrer v. Department of Transportation" on Justia Law

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In 2019, the Consumer Product Safety Commission revised its safety standard for infant bath seats, stating: “Each infant bath seat shall comply with all applicable provisions of ASTM F1967–19, Standard Consumer Safety Specification for Infant Bath Seats.” When Milice, a then-expectant mother, contacted Commission staff about inspecting the ASTM standard, they were told they would have to purchase the standard from its developer. Milice challenged the 2019 Rule on the grounds that it violated the Administrative Procedure Act and the First and Fifth Amendments because its content is not freely available to the public. The D.C. Circuit declined to address Milice’s arguments, finding her petition for review was untimely, having been filed more than 60 days after the 2019 Rule was published in the Federal Register, 15 U.S.C. 2060(g)(2). A revised voluntary safety standard issued by an outside organization that serves as the basis of a Commission standard “shall be considered to be a consumer product safety standard issued by the Commission” effective 180 days after the Commission is notified, “unless . . . the Commission notifies the organization that it has determined that the proposed revision does not improve the safety of the consumer product covered by the standard,” 15 U.S.C. 2056a(b)(4)(B). View "Milice v. Consumer Product Safety Commission" on Justia Law

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Plaintiff filed a putative class action against Autovest and its debt-collection agency under the Fair Debt Collection Practices Act (FDCPA), alleging claims related to a prior collection action.The DC Circuit vacated the district court's order granting summary judgment to defendants, holding that plaintiff lacked Article III standing because she did not suffer a concrete injury-in-fact traceable to the alleged false representations or alleged statements for requested contingency fees. Rather, plaintiff testified unequivocally that she neither took nor failed to take any action because of these statements. Nor did plaintiff testify that she was otherwise confused, misled, or harmed in any relevant way during the collection action by the contested affidavits. In this case, although plaintiff stated that Autovest's collection action caused her stress and inconvenience, she never connected those general harms to the affidavits. Therefore, the court remanded with instructions to dismiss the complaint. View "Frank v. Autovest, LLC" on Justia Law

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The Fair and Accurate Credit Transactions Act of 2003's truncation requirement imposes on the merchant the duty not to print "more than the last 5 digits of the card number or the expiration date." The duty applies at the "point of the sale or transaction" and a violation occurs regardless whether a plaintiff ever becomes the victim of any crime. The interest protected by FACTA—avoiding an increased risk of identity theft—is concrete.The DC Circuit reversed the district court's grant of Centerplate's motion to dismiss plaintiff's action alleging that Centerplate violated FACTA. In this case, plaintiff made a credit card purchase at a Centerplate location and received a receipt that displayed her sixteen-digit credit card number and credit card expiration date. Although not every FACTA violation creates a concrete injury in fact, the court concluded that the alleged violation of plaintiff's right does so. The court held that plaintiff has pleaded enough facts to establish standing, because she was not able to use her credit card without incurring an increased risk of identity theft and, as a result, suffered a concrete injury in fact. View "Jeffries v. Volume Services America, Inc." on Justia Law