Consumer-Law Records

TCPA robocall claims split in comparables: Howard, Perrong, and Hulce were dismissed on narrow statutory/actor-specific grounds, while League of Women Voters survived a motion to dismiss on similar robocall theory. P&B Capital is a small debt-recovery firm, not a major national defendant, limiting settlement scale.

ADA Title III accessibility suits rarely survive as damages class actions; Price v. Diab shows fee-shifting is contested even after default judgment. No Murphy USA-specific rulings or settlements exist, so outcome hinges on generic ADA precedent.

Comparables are largely off-theory (ECOA disparate-impact, ADA fee-shifting in Price v. Diab) and don't directly test dismissal standards for ADA accessibility claims in S.D. Fla. Price v. Diab shows courts will grant injunctive relief on default but scrutinize fee entitlement closely.

Comparable rulings (Price v. Diab) show ADA claims can succeed via default judgment and support fee-shifting, but the OLC ECOA opinion is inapposite and offers no direct guidance on ADA accessibility merits.

Consumer false-advertising claims split in comparables: Cetorelli affirmed CSPA liability while Guthrie and Citizens of Humanity affirmed defense wins on similar labeling/marketing theories. Small DTC defendant lacks the scale of Premier Nutrition/IM Mastery settlements, limiting settlement leverage.

No antitrust/price-fixing rulings exist for Amazon in our database, so precedent is thin; comparable price-fixing settlements (Visa/Mastercard $34B, BCBS $2.67B) show huge variance driven by market structure, not litigation strength. Amazon's dominant marketplace position could support a large class but antitrust conspiracy claims face a high Twombly pleading bar absent direct evidence of collusion.

ADA Title III cases like this typically survive motions to dismiss when plaintiff pleads specific barriers, but comparables here are thin — Price v. Diab shows fee-shifting exposure even on default judgments, increasing settlement pressure on small defendants.

Only one comparable directly involves ADA accessibility (Price v. Diab), where the claim itself was affirmed but fee entitlement was reversed, showing courts split on remedy scope. No settlement or verdict data exists for ADA accessibility suits against universities, limiting predictive strength.

Comparable FCRA rulings split: Minano v. DLJ Mortgage dismissed private-right-of-action counts but let others proceed without prejudice, while Askins v. CRST upheld bare statutory FCRA violations as sufficient for standing. Trans Union's litigation history shows repeated individual FCRA suits with mixed outcomes, not a clear pattern of dismissal or victory.

Minano v. DLJ Mortgage Capital (D.D.C.) dismissed most FCRA furnisher claims for no private right of action or insufficient pleading, a close analog since Nationstar is also a servicer/furnisher. Wallingford v. Sallie Mae (D.D.C.) also failed on credit-reporting theories at the PI stage, suggesting D.D.C. courts scrutinize these claims closely.

TCPA robocall/text theories have been narrowed by circuits like Howard v. RNC and Perrong v. Bradford, both dismissing claims on technical statutory-scope grounds, while League of Women Voters v. Kramer shows TCPA robocall claims can survive a motion to dismiss when injury is well-pled. Outcome likely turns on whether calls/texts meet the 'artificial or prerecorded voice' or ATDS definitions post-Howard.

No antitrust rulings against Vail Resorts exist yet, and price-fixing settlements vary wildly ($3.5M to $34B) depending on class size and market power. Comparable antitrust settlements (RealPage $359.9M, PVC pipe $136M) suggest large exposure if a nationwide ski-market class is certified.

Comparables are thin and largely off-point (ECOA disparate-impact opinion is unrelated); Price v. Diab shows ADA plaintiffs can secure injunctive relief and fees even via default judgment, suggesting procedural leverage for plaintiffs in S.D. Fla. ADA filings.