In the Forever 21 case, Shipp granted the defendant’s motion in February 2017 to stay the case pending outcome of an appeal in another TCCWNA case before the U.S. Court of Appeals for the Third Circuit, Russell v. Croscill Home. In that case, another judge threw out the suit because the plaintiff suffered no concrete harm. But the anticipated guidance from that case never materialized because it was dismissed after the parties filed a stipulation of dismissal.

Without guidance from the Third Circuit, Shipp said the Supreme Court’s April 2018 decision in Spade also addressed the meaning of the term “aggrieved consumer.”