Biometric class actions have proliferated in recent years — and with more states eyeing comprehensive data privacy legislation, companies that use biometric data should plan for the surge to grow. With rare exceptions, these...more
While a war rages on the issue of standing in data breach cases, the need to prove damages is presenting an even greater hurdle for plaintiffs, as we have noted previously. One clear illustration of this trend is Attias v....more
8/27/2019
/ Actual Damages ,
Appeals ,
Article III ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Data Breach ,
Dismissals ,
Economic Loss Doctrine ,
Jurisdiction ,
Remand ,
Standing
Following the Supreme Court’s ruling in Spokeo v. Robins, which held that federal plaintiffs alleging a statutory violation must have suffered a real, concrete injury in order to have Article III standing, many defendants...more
3/8/2019
/ Actual Damages ,
Article III ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Federal Rule 12(b)(1) ,
Federal Rule 12(b)(6) ,
Future Harm ,
Injury-in-Fact ,
Jurisdiction ,
SCOTUS ,
Spokeo v Robins ,
Standing ,
Statutory Damages
In 2016, House Republicans sponsored legislation aimed at curbing “no injury” class actions, which was supported by testimony from DRI, among others. The legislation passed the House but died in the Senate. Earlier this month...more