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Privacy Civil Procedure Consumer Protection

Read Privacy Law updates, news, and legal commentary from leading lawyers and law firms:

Ninth Circuit Stuffs Policyholders on Defense of TCPA Class Actions

by Polsinelli on

In a sweeping opinion in Los Angeles Lakers v. Federal Insurance Co., the Ninth Circuit on Aug. 23, held the Lakers are not entitled to insurance coverage for a class action lawsuit alleging claims under the Telephone...more

2017 Data Breach Litigation Report

by Bryan Cave on

2016 was another year in which data breaches continued to dominate the headlines, a constant reminder to people that their personal information was vulnerable and the target of criminal attacks. Yet, despite the fact that...more

Eighth Circuit Affirms Dismissal Of Data Breach Lawsuit, Despite Plaintiff Having Standing

by King & Spalding on

On August 21, 2017, the U.S. Court of Appeals for the Eighth Circuit concluded, in Kuhns v. Scottrade, Inc. , No. 16-3426, 2017 WL 3584046, at *1 (8th Cir. Aug. 21, 2017), that although a data breach plaintiff had Article III...more

Circuit Court Finds Putative Class Affidavits, Combined With Other Records, May Satisfy Ascertainability Requirement

by Carlton Fields on

Defendants BMW and Creditsmarts were parties to a marketing agreement through which BMW offered its direct automotive “up2drive” loans to borrowers at participating independent car dealers through Creditsmarts’ internet-based...more

Concrete Enough to Stand: Ninth Circuit Upholds FCRA Claims in Spokeo

On August 15, 2017, the Ninth Circuit delivered the latest episode in the Robins v. Spokeo saga, reaffirming on remand from the Supreme Court that plaintiff Robins had alleged an injury in fact sufficient for Article III...more

Ninth Circuit Revisits Standing Analysis for Statutory Claims in Spokeo

by Dechert LLP on

On remand from the Supreme Court, the U.S. Court of Appeals for the Ninth Circuit has held for the second time that the plaintiff in Robins v. Spokeo, Inc. has standing to proceed in federal court with claims under the Fair...more

TCPA Connect - August 2017

Lacking List of Recipients, Sixth Circuit Denies Class Certification - Finding that the question of consent in a Telephone Consumer Protection Act (TCPA) class action requires an individualized inquiry and without a list...more

D.C. Circuit Revives Data Breach Putative Class Action On Standing Grounds, Widens Circuit Split

by King & Spalding on

On August 1, 2017, the U.S. Court of Appeals for the D.C. Circuit revived a data breach class action that was dismissed for lack of standing, holding that the district court improperly applied the Article III injury-in-fact...more

Third Circuit Introduces New Uncertainty While Attempting to Clarify Ascertainability Jurisprudence

by Pepper Hamilton LLP on

On August 16, the Third Circuit gave the plaintiff a pass for failing to pursue evidence necessary to determine whether its proposed class was ascertainable and took the opportunity to clarify that affidavits may be used, at...more

Call Me Maybe: 11th Circuit Broadly Interprets TCPA to Allow Partial Oral Revocation of Consent

by Holland & Knight LLP on

In light of the flux of recent litigation arising under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227 et seq., resulting in multimillion-dollar settlements and adverse judgments against companies across all...more

9th Circuit Clarifies Standard For Article III Standing Based On Statutory Violations

On August 15, 2017, the 9th Circuit, in Thomas Robins v. Spokeo, Inc., reversed the district court’s dismissal of an action alleging willful violations of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. The 9th...more

Companies Potentially Liable for Independent Contractors & Third-Party Vendors

by Selman Breitman LLP on

On August 9, 2017, the Ninth Circuit published an opinion analyzing the factors used to determine when a company may be liable for the actions of third parties acting as its agents in Jones v. Royal Administration Services,...more

Apple Takes Bite From Data Security False Ad Suit

Apple scored a victory in a data security suit when a California federal court judge denied a plaintiff’s motion to certify a class of consumers asserting false advertising claims....more

Highlights From DRI Class Action Seminar 2017 – Day Two

Here are my highlights from the second day of DRI’s 2017 Class Action Seminar: Class Action Waivers in Employment Agreements (Neal Katyal of Hogan Lovells) - Neal Katyal is a leading Supreme Court advocate and is litigating...more

Revocation of Consent Under TCPA: Not So Fast

In a recent case under the Telephone Consumer Protection Act (TCPA), the U.S. Court of Appeals for the Second Circuit held that the TCPA does not permit a consumer to revoke prior consent to be contacted by telephone when...more

TCPA Class Action Against Twilio Dismissed; No Violation of TCPA if Text Message Sent to Complete a Transaction

Last week, a Washington federal judge, Robert S. Lasnik, dismissed a Telephone Consumer Protection Act (TCPA) class action against Twilio Inc. (Twilio) based on the finding that a text message did not constitute telemarketing...more

Case Update: In Consumer Data Breach Case, Eleventh Circuit Indicates Concern over Scope of FTC’s Enforcement Actions

by Dorsey & Whitney LLP on

On June 21, 2017, the Eleventh Circuit Court of Appeals heard oral argument in LabMD, Inc. v. FTC, Case No. 16-16270, a case that is being carefully watched to see if it will clarify the limits of the Federal Trade...more

The Third Circuit Holds That A TCPA Violation Alone Is Sufficient To Establish Standing

by Fenwick & West LLP on

The U.S. Court of Appeals for the Third Circuit has held that allegations that a customer received a single, unauthorized prerecorded sales voice mail on her cell phone in violation of the Telephone Consumer Protection Act...more

Sixth Circuit Blocks 'Junk Fax' Class Action Under Telephone Consumer Protection Act

by Pepper Hamilton LLP on

A recent decision by the U.S. Court of Appeals for the Sixth Circuit calls into question the viability of “junk fax” class actions brought under the Telephone Consumer Protection Act (TCPA) when the defendant company does not...more

You Can’t Always Get What You Want—Second Circuit Affirms Parties Can Bargain Away TCPA Right To Revoke Consent To Automated Calls

As the Rolling Stones famously sing, “You can’t always get what you want.” And in the ever treacherous world of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, et seq., the Second Circuit has ruled that means...more

Seventh Circuit Rejects Latest Attempt To Pick Off TCPA Plaintiffs

by Foley & Lardner LLP on

Defense counsel facing potential multimillion-dollar judgments from the threat of class action proceedings—particularly class actions brought under statutes providing for treble damages and attorney’s fees, such as the...more

CFPB files proposed stipulated final judgments in actions against credit repair companies and individuals

by Ballard Spahr LLP on

The CFPB announced that it had simultaneously filed two complaints and corresponding proposed stipulated final judgments in a California federal district court in actions against four credit repair companies and three...more

Second Circuit Holds Consumers Cannot Revoke Consent Given as Consideration in Bilateral Contract in TCPA Case

by Fenwick & West LLP on

The U.S. Court of Appeals for the Second Circuit held that a consumer who agrees to be contacted via telephone call or text messages as bargained-for consideration in a bilateral contract cannot subsequently revoke his or her...more

Advertising Law - June 2017 #4

Website, Mobile App Get Changes Thanks to CARU - A new decision from the Children’s Advertising Review Unit demonstrates the self-regulatory body’s efforts to work with a mobile application and website operator to ensure...more

Going Down For A Third Time – Barnes & Noble Consumer Data Breach Claims Are Dismissed Again for Lack of Injury

Despite some courts’ evident confusion about the impact of payment card theft on consumer cardholders, other courts are getting it right. Just this week, a judge in the Northern District of Illinois issued an order dismissing...more

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