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CEB Prac. Guide § 10A.70 -- Prelitigation Requirements for Consumer Actions

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Court Gives Plaintiffs a Second Chance to Send Pre-Suit Notice Under CCPA Before Seeking Statutory Damages

by Scott J. Hyman |

A District Court in Washington dismissed Plaintiffs' claim for statutory damages because they failed to give pre-suit notice under the CCPA.  The Court dismissed the request for statutory damages without prejudice meaning Plaintiffs can give notice (despite the pending action) and then seek to amend and add back in a request for statutory damages. Plaintiffs ... insist that they seek… Read More