Jeffrey Fisher on Corporate Counsel

Ninth Circuit vacates class certification in LuLaRoe sales tax class action

Takeaway: In Van v. LLR, Inc., 61 F.4th 1053 (9th Cir. 2023), the Ninth Circuit vacated the district court’s grant of class certification and remanded for re-assessment of whether the plaintiff had satisfied the predominance...more

4/3/2023 / Class Action , Class Certification , Corporate Counsel , Predominance Requirement , Remand

Data Breach Class Actions – Eleventh Circuit Finds Allegations of “Increased Risk” of Harm Insufficient to Confer Standing

Takeaway: In Tsao v. Captiva MVP Restaurant Partners, LLC, 986 F.3d 1332, 1339 (11th Cir. 2021), the Eleventh Circuit held that evidence of a “mere data breach” is not sufficient to establish standing where the hackers...more

4/1/2021 / Article III , Class Action , Corporate Counsel , Cybersecurity , Data Breach , Data Privacy , Data Protection , Data Security , Popular , Standing

Data Breach Class Actions - Eleventh Circuit En Banc Decision Could be Bad News for Plaintiffs

Takeaway: The Eleventh Circuit has yet to address whether a future risk of identity theft is sufficient to establish standing in a data breach case. In Muransky v. Godiva Chocolatier, Inc., 16-16486, 2020 WL 6305084, at *12...more

11/25/2020 / Article III , Class Action , Corporate Counsel , Data Breach , FACTA , Personally Identifiable Information , Spokeo v Robins , Standing

Data Breach Class Actions – Florida District Court Rules Threat of Future Injury Too Speculative to Support Standing

Takeaway: Data breach cases often turn on whether the threat of future identity theft suffices to establish Article III standing. In yet another data breach case, In re Brinker Data Incident Litig., 3:18-CV-686-J-32MCR,...more

8/4/2020 / Article III , Class Action , Corporate Counsel , Cybersecurity , Data Breach , Hackers , Personally Identifiable Information , Popular , Standing

TCPA Class Actions - Eleventh Circuit Narrows Scope of TCPA, Splitting with Ninth Circuit

Takeaway: The recent explosion in telemarketing calls has been driven by telephone equipment that allows companies to automatically dial a stored list of potential customers. In Glasser v. Hilton Grand Vacations Co., LLC,...more

2/13/2020 / Auto-Dialed Calls , Class Action , Corporate Counsel , TCPA , Telecommunications , Telemarketing

Ninth Circuit dismisses TCPA claim, finds recipient’s insurance enrollment form constituted “prior express consent”

Takeaway: A recent Ninth Circuit decision find holding that the plaintiff had provided “prior express consent” to receive calls from a third-party telephone consultant shows that the scope of “prior express consent” is based...more

4/23/2018 / ATDS , Auto-Dialed Calls , Cell Phones , Corporate Counsel , Prior Express Consent , TCPA

Ninth Circuit Declines to Hold Seller Vicariously Liable for Third-Party Telemarketer’s TCPA Violations

Takeaway: Decisions addressing a seller’s exposure to vicarious liability for calls placed by a third-party telemarketer in violation of the Telephone Consumer Protection Act (“TCPA”) offer little predictability or guidance....more

9/1/2017 / Corporate Counsel , Robocalling , TCPA , Telemarketing , Third-Party Liability , Vicarious Liability

Second Circuit Affirms Dismissal of Data Breach Class Action for Failure to Allege Actual Injury

Takeaway: With new stories of data breaches popping up almost daily, a recent Second Circuit decision illustrates the difficulties named plaintiffs face establishing actual injury and surviving a motion to dismiss based on...more

6/5/2017 / Article III , Class Action , Corporate Counsel , Data Breach , Injury-in-Fact , Standing

The TCPA and Risk of “Sabotage Liability”

Takeaway: The Telephone Consumer Protection Act (“TCPA”) broadly defines the “sender” of a facsimile advertisement to include any entity “whose goods or services are advertised.” On its face, this language creates risk of...more

2/20/2017 / Advertising , Corporate Counsel , Faxes , Popular , TCPA , Unsolicited Faxes

Jeffrey Fisher

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