Ninth Circuit Update: Anticipated Impact of Recent Decisions on Consumer Litigation

The Ninth Circuit continues to be a bellwether for consumer litigation across the country. We will provide an update on recent Ninth Circuit case law relevant to consumer financial services, and discuss its developing impact on litigation both within the Ninth Circuit and across the country.

The presenters will explore the following topics:

• Update on Lusnak v. Bank of America and what this important decision means for National Bank Act preemption in the Ninth Circuit

• The increase of individual public injunctive relief claims and the impact on the enforceability of consumer arbitration agreements

• Recent standing decisions, and their potential impact in various consumer litigation contexts

• Ninth Circuit TCPA developments, including pending appellate and district court cases to watch following ACA International v. FCC

• Current landscape of bankruptcy-related FCRA rulings and pending appeals in the Ninth Circuit