Consumer-Law Records

Comparable privacy rulings split: Bayhealth's breach-of-confidentiality claim survived MTD, and Gunnar Optiks' biometric claim was revived on remand, but Integris and LabCorp show courts often narrow or dismiss adjacent theories on technical grounds. StubHub's wiretap theory likely hinges on similar tracking-technology consent issues seen in Bayhealth and Integris.

Comparables are only loosely on-point: Price v. Diab shows ADA default judgments can still create prevailing-party fee disputes, and OLC ECOA opinion is irrelevant to ADA merits. No direct accessibility-merits rulings or settlements exist in this small sample.

Price v. Diab shows ADA accessibility claims can prevail via default judgment/injunctive relief, but fee-shifting entitlement was reversed, undercutting recovery certainty. No damages-focused comparables exist since ADA Title III bars monetary relief absent a paired state claim.

Price v. Diab confirms plaintiffs can secure injunctive relief and fees even via default judgment, favoring plaintiffs procedurally, but OLC's ECOA opinion shows courts narrowly construe statutory intent requirements, a caution for ADA theories relying on disparate impact.

TCPA robocall/text claims show split outcomes: Hulce affirmed dismissal on 'telephone solicitation' definition, Perrong reversed on legislative immunity, but League of Women Voters survived MTD on similar robocall theory. No defendant-specific data exists to sharpen the read.

Price v. Diab confirms plaintiffs can secure injunctive relief and prevailing-party status via default judgment, favoring accessibility claims, but the fee-award reversal shows courts scrutinize fee entitlement closely. No ADA-specific settlement or verdict data exists for Akris to calibrate exposure.

ADA Title III accessibility suits in S.D. Fla. often survive early motions but rarely yield class damages since only injunctive relief/fees are available; Price v. Diab shows fee entitlement remains contested even after default judgment.

TCPA robocall claims often survive MTD when pled as straightforward non-consensual calls (League of Women Voters v. Kramer), but circuit courts have narrowed liability via technical carve-outs (Howard's 'begins with' prerecorded voice test, Perrong's legislative exception, Hulce's 'telephone solicitation' definition) that could apply depending on call content.

TCPA outcomes split: Howard and Hulce narrowed liability by strict textual readings of 'prerecorded voice' and 'solicitation', while League of Women Voters shows robocall claims can survive MTD with concrete injury allegations. Small defendant size and lack of prior TCPA history against it add uncertainty.