The Eleventh Circuit’s recent ruling in In re Brinker Data Incident Litigation (“Brinker”) is the first time that a federal circuit court has ruled on a lower court’s grant of class certification in a data breach class action...more
Data incident lawsuits, especially class actions, have the potential to create significant business disruption, loss of marketplace credibility, civil liability or regulatory exposure. Consequently, companies that experience...more
3/14/2023
/ Article III ,
Class Action ,
Class Members ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
FRCP 23 ,
Jurisdiction ,
Motion to Dismiss ,
Personal Data ,
Personally Identifiable Information ,
Standing
On June 25, 2021, the Supreme Court issued a landmark decision in TransUnion v. Ramirez. The Court ruled that class members whose inaccurate credit reports were not shared with third parties lacked standing to sue TransUnion...more
6/30/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
Over a strong dissent from Justice Thomas, the Supreme Court in TransUnion LLC v. Ramirez on June 25, 2021 dramatically reorganized and narrowed the Article III landscape for constitutionally cognizable damage suits in...more
6/30/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
Last week, the U.S. Supreme Court heard oral argument in TransUnion v. Ramirez, which poses significant questions about Article III standing and Rule 23’s typicality requirement for class certification. ...more
The Eleventh Circuit’s recent decision in Salcedo v. Hanna, brings good news to the Telephone Consumer Protection Act (“TCPA”) defense bar by breathing new life into challenges objecting to statutory injury in TCPA class...more
10/1/2019
/ Article III ,
Class Action ,
Injury-in-Fact ,
Interlocutory Appeals ,
Invasion of Privacy ,
Nuisance ,
Standing ,
TCPA ,
Telecommunications ,
Text Messages ,
Tort
Recently, the Ninth Circuit Court of Appeals held that an Illinois class of Facebook users can pursue a class action lawsuit arising out of Facebook’s use of facial scanning technology....more
8/28/2019
/ Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Class Certification ,
Data Collection ,
Data Privacy ,
Facebook ,
Facial Recognition Technology ,
FRCP 23(f) ,
Personal Data ,
Personally Identifiable Information ,
Social Media ,
Standing
On May 16, 2016, the United States Supreme Court released its long-awaited opinion in Spokeo, Inc. v. Robins. In a 6–2 decision, the Court remanded the case to the Ninth Circuit for further analysis of the plaintiff's...more