Articles Posted in US Court of Appeals for the Second Circuit

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A debt collector engages in unfair or unconscionable litigation conduct in violation of section 1692f when, as alleged here, it in bad faith unduly prolongs legal proceedings or requires a consumer to appear at an unnecessary hearing. The Second Circuit vacated the district court's dismissal of an action alleging that GMBS violated sections 1692e and 1692f of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692e and 1692f, when it garnished plaintiff's bank account and then tried to block him from showing that all of the funds in his account were exempt from garnishment. In this case, GMBS was alleged to have violated each section based on different conduct: section 1692e based on the false statements made in GMBS's affirmation, and section 1692f based on GMBS's objection to plaintiff's exemption claim when it allegedly knew there was no legally sufficient basis to do so. The court held that the complaint stated a claim under sections 1692e and 1692f. View "Arias v. Gutman, Mintz, Baker & Sonnenfeldt LLP" on Justia Law

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Plaintiff filed suit against defendants, alleging willful violations of the Fair and Accurate Credit Transactions Act of 2003 (FACTA), 15 U.S.C. 1681c(g). Section 1681c(g) seeks to reduce the risk of identity theft by, among other things, prohibiting merchants from including more than the final five digits of a customer’s credit card number on a printed receipt. The Second Circuit affirmed the district court's dismissal of plaintiff's second amended complaint for lack of subject matter jurisdiction. The court held that the parties' factual disagreement as to whether printing the first six digits constituted a material risk of harm was a question of fact even at the Rule 12(b)(1) motion‐to‐dismiss stage, and so the court reviewed the district court's finding for clear error. On the basis of the record and plaintiffs' affirmative burden to establish subject matter jurisdiction by a preponderance of the evidence, and informed by the findings of other district courts as to this specific issue, the court concluded that the district court's findings were not clearly erroneous. The court held, however, that a complaint must be dismissed without prejudice where the dismissal was due to the court's lack of subject matter jurisdiction. Therefore, the court remanded so that the district court may amend the judgment and enter the dismissal without prejudice. View "Katz v. The Donna Karan Company, LLC" on Justia Law

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Guided by unambiguous statutory language in the Fair and Accurate Credit Transactions Act of 2003 (FACTA), 15 U.S.C. 1681c(g), that a receipt with a credit card expiration date does not raise a material risk of identity theft, and finding that the bare procedural violation alleged by plaintiff does not present a material risk of harm, the Second Circuit held that allegations in her amended complaint did not satisfy the injury‐in‐fact requirement necessary to establish Article III standing to bring suit. Accordingly, the court affirmed the district court's dismissal of the complaint based on lack of standing. View "Crupar-Weinmann v. Paris Baguette America, Inc." on Justia Law

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Plaintiff filed suit against Lincoln, alleging violations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227. The Second Circuit affirmed the district court's grant of summary judgment for Lincoln, holding that plaintiff did introduce sufficient evidence from which a jury could conclude that he revoked his consent, but that the TCPA does not permit a consumer to revoke its consent to be called when that consent forms part of a bargained‐for exchange. In this case, plaintiff's consent was not provided gratuitously, it was included as an express provision of a contract to lease an automobile from Lincoln. View "Reyes v. Lincoln Automotive Financial Services" on Justia Law

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Plaintiff filed a putative class action alleging that grocery stores in New York operated by Whole Foods systematically overstated the weights of pre‐packaged food products and overcharged customers as a result.  The district court dismissed the complaint based on plaintiff's lack of Article III standing. The Second Circuit vacated and remanded, holding that the district court did not draw all reasonable inferences in plaintiff's favor. In this case, plaintiff plausibly alleged a nontrivial economic injury sufficient to support standing. According to the DCA's investigation, Whole Foods packages of cheese and cupcakes were systematically and routinely mislabeled and overpriced, and plaintiff regularly purchased Whole Foods packages of cheese and cupcakes throughout the relevant period. Therefore, the complaint satisfied the low threshold required to plead injury in fact. View "John v. Whole Foods Market Group" on Justia Law