Justia U.S. 1st Circuit Court of Appeals Opinion SummariesArticles Posted in Consumer Law
McIntyre v. RentGrow, Inc.
The First Circuit affirmed the order of the district court entering summary judgment in favor of RentGrow, Inc. and dismissing Plaintiff's complaint alleging that RentGrow willfully violated the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681-1681x, holding that summary judgment was properly granted.Plaintiff commenced a civil action in the United States District Court for the District of Massachusetts, sued on her own behalf and as the representative of a putative class of similarly situated persons, alleging that Defendant was liable for both negligent and willful noncompliance with the FCRA. The district court entered summary judgment in Defendant's favor, denied class certification, and dismissed the action. The First Circuit affirmed, holding that Plaintiff did not meet her burden of adducing competent evidence sufficient to prove each and every element of her claim. View "McIntyre v. RentGrow, Inc." on Justia Law
Bessette v. IKO Industries, Inc.
The First Circuit affirmed the judgment of the district court granting summary judgment to IKO Industries, Inc. (IKO) on the Massachusetts state law contractual and consumer protection claims that Armand Bessette asserted with respect to roofing shingles that IKO manufactured and that he purchased in 1999, holding that there was no error or abuse of discretion.In 2018, after having replaced the singles on the roof his home, Bessette brought suit against IKO in Massachusetts state court alleging claims under Massachusetts law in connection with the alleged premature deterioration of the shingles. IKO removed the case to the federal district court, which granted summary judgment in favor of IKO. Bessette appealed, challenging the summary judgment on his express warranty and implied warranty of merchantability claims and claims alleging a violation of Chapter 93A, the Massachusetts consumer protection law. The First Circuit affirmed, holding that the district court properly granted summary judgment to IKO on the three claims at issue on appeal. View "Bessette v. IKO Industries, Inc." on Justia Law
Consumer Data Industry Ass’n v. Frey
The First Circuit vacated and reversed the judgment of the district court holding that two laws passed by Maine's Legislature in 2019 that amended the Maine Fair Credit Reporting Act, Me. Rev. Stat. Ann. tit. 10, 1306 et seq. (Maine Act) were preempted under section 1681t(b)(1)(E) of the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., holding that remand was required.The amendments to the Maine Act were passed in order to regulate the reporting of overdue medical debt and debt resulting from economic abuse. Plaintiff, an industry group representing the "Big Three" credit reporting agencies, brought a facial preemption challenge to the laws. The district court concluded that the amendments were preempted by section 1681t(b)(1)(E). The First Circuit remanded the matter for further proceedings, holding (1) section 1681t(b)(1)(E) narrowly preempts state laws that impose requirements or prohibitions with respect to the specific subject matters regulated under section 1681c; and (2) the amendments were not preempted in their entirety. View "Consumer Data Industry Ass'n v. Frey" on Justia Law
Spectrum Northeast, LLC v. Frey
The First Circuit held that a Maine statute requiring cable operators to grant subscribers pro rata credits or rebates for the days remaining in the billing period after the termination of cable service is not preempted by the Cable Communications Act of 1984 (Cable Act).The Cable Act preempts stat laws that regulate rates for the provision of cable service if the Federal Communications Commission determines that cable operators in that state are subject to effective competition. See 42 U.S.C. 543(a)(2), 556(c). In 2020, Maine, a state that has effective competition, adopted into law the statute at issue in this case, the Pro Rata Act. Plaintiffs filed suit requesting a declaratory judgment that the law was preempted by the Cable Act. The district court concluded that the Pro Rata Act was preempted by the Cable Act as a matter of law. The First Circuit reversed, holding that Maine's Pro Rata Act is not preempted by federal law because it is not a law governing rates for the provision of cable service and is, rather, a consumer protection law that is not preempted. View "Spectrum Northeast, LLC v. Frey" on Justia Law
Robinson v. Camarena
The First Circuit affirmed the judgment of the district court entering a final approval order approving a class settlement, holding that there was no error or abuse of discretion.James Robinson brought this class action lawsuit against National Student Clearinghouse (NSC) alleging that NSC violated the statutory requirements of the Fair Credit Reporting Act. The parties negotiated a class action settlement providing for a settlement fund, injunctive relief, and a free self-certification report of university degrees and dates of enrollment for each class member. Paul Camarena, a class member, appealed from the district court's final order approving the class settlement. The First Circuit affirmed, holding that Camarena's arguments were without merit. View "Robinson v. Camarena" on Justia Law
United States v. Manubolu
The First Circuit reversed the ruling of the district court suppressing blood alcohol content evidence from a warrantless blood draw because no exigent circumstances were present, holding that the district court misapplied the law to the facts in this case.After a car accident that killed three people, a police officer ordered a warrantless blood of Defendant's blood without Defendant's consent and without exigent circumstances. The government charged Defendant with three counts of manslaughter and other intoxicated-driving crimes. Defendant filed a motion to suppress evidence from the warrantless blood draw, which the district court granted. The First Circuit reversed, holding that the government met its burden to show it was reasonable for the police officer to think exigent circumstances existed when he took the blood draw. View "United States v. Manubolu" on Justia Law
Bais Yaakov of Spring Valley v. ACT, Inc.
The First Circuit vacated the judgment of the district court against Bais Yaakov of Spring Valley, a small private high school on its action seeking injunctive relief and statutory damages against ACT, Inc., a non-profit entity that develops and administers the ACT college admissions test, holding that the district court erred in finding that Bais Yaakov's individual claim was rendered moot.In its complaint, Bais Yaakov claimed that three one-page faxes sent by ACT in 2012 were unsolicited advertisements sent in violation of the Telephone Consumer Protection Act (TCAP, 47 U.S.C. 227(b)(1)(C) and seeking injunctive relief and statutory damages in the amount of approximately $400 million dollars. After extended litigation, the district court concluded that class certification was unwarranted and that Bais Yaakov's individual claim was rendered moot by ACT's offer to pay the full amount of that claim and a promise not to sent further faxes to the high school. The First Circuit affirmed the denial of class certification and the dismissal of the claim for injunctive relief but otherwise vacated the judgment, holding (1) the district court did not abuse its discretion in finding that the proposed classes could not be certified or in denying injunctive relief; and (2) Bais Yaakov's damage claim was not moot. View "Bais Yaakov of Spring Valley v. ACT, Inc." on Justia Law
Anoush Cab, Inc. v. Uber Technologies, Inc.
The First Circuit affirmed the district court's final judgment against Plaintiffs on their claims that Uber Technologies competed unlawfully in the on-demand, ride-hail ground transportation in and around Boston, Massachusetts, holding that Uber did not compete unfairly in violation of statutory and common law prohibitions governing the commercial marketplace.Plaintiffs - owners of companies that dispatched, leased, and maintained taxicab vehicles and owned taxi medallions - brought this complaint alleging that, in violation of Boston regulations, Uber caused asset devaluation by competing unfairly under Mass. Gen. Laws ch. 93A, violating the common law for unfair competition, and aiding and abetting a conspiracy to engage in unfair competition. The district court issued judgment in favor of Defendants. The First Circuit affirmed, holding that Uber's conduct in the transportation market during a period of regulatory uncertainty did not violate the statutory or common law governing the commercial marketplace. View "Anoush Cab, Inc. v. Uber Technologies, Inc." on Justia Law
Primarque Products Co. v. Williams West & Witt’s Products Co.
In this appeal and cross-appeal stemming from litigation that followed the termination of an almost forty-year business relationship between a company that manufactured and supplied soup base products (Manufacturer) and a company that distributed them (Distributor), the First Circuit reversed in part and vacated in part Distributor's appeal and affirmed in Manufacturer's cross appeal, holding that the district court erred in part.Following a trial, the jury awarded Distributor $255,000 in damages for its state law breach of contract and tortious interference with business relationships claims against Manufacturer. The district court granted summary judgment to Manufacturer on Distributor's claim against it under Mass. Gen. Laws ch. 93A and to Manufacturer on its counterclaim for breach of contract, for which the court awarded Manufacturer $97,843 in damages. The First Circuit held that the district court (1) erred in granting summary judgment on the Chapter 93A claim; (2) erred in striking as duplicative the jury's damages award on Distributor's breach of contract claim; (3) erred in denying Distributor prejudgment interest on the damages award it received on the tortious interference with business relations claim; and (4) erred in denying Distributor's offset request. View "Primarque Products Co. v. Williams West & Witt's Products Co." on Justia Law
Barbosa v. Midland Credit Management, Inc.
The First Circuit affirmed the order of the district court granting Defendants' motions to compel Plaintiff's claims to the arbitration process, holding that Defendants had the authority to enforce the arbitration provision.Jackeline Barbosa carried an overdue, unpaid balance on her credit card account. The unpaid balance was sold to Midland Funding LLC. The rights to Barbosa's account were assigned to Midland Credit Management, Inc. (MCM) Schreiber/Cohen, LLC was the law firm retained by MCM on behalf of Midland Funding to assist in MCM's debt collection efforts. Barbosa sued MCM and Schreiber/Cohen, claiming violation of the Fair Debt Collection Practices Act, 15 U.S.C. 1692e and 1692f by the attempt to collect the credit card debt in Massachusetts state court after the statute of limitations for the collection action had expired. MCM and Shreiber/Cohen asked the district court to compel arbitration pursuant to the arbitration election provision in Barbosa's credit card agreement. The district court dismissed Barbosa's claims. The First Circuit affirmed, holding that the district court properly concluded that MCM and Schreiber/Cohen were authorized to compel Barbosa to arbitrate her claims against them. View "Barbosa v. Midland Credit Management, Inc." on Justia Law