News & Analysis as of

Class Action Imminent Harm

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Ervin Cohen & Jessup LLP

Ninth Circuit Decertifies Class in Coca-Cola False Advertising Case

On August 31, 2021, the Court of Appeals for the Ninth Circuit issued an unpublished order revoking class certification of a consumer class in a Coca-Cola labeling case. The plaintiffs alleged that Coke’s advertising slogan...more

Benesch

Where’s the Beef? TCPA “Emergency Purposes” Exception Kills Class Action

Benesch on

The potential payday of a TCPA class action is huge. Sometimes, it makes otherwise good attorneys convince themselves of really bad ideas when chasing those dollar signs. Derrick v. Kroger Co., No. 3:19-cv-00106, 2019 U.S....more

Mintz - Privacy & Cybersecurity Viewpoints

Court Rejects Neiman Marcus Data Breach Settlement Due To Injury-Based Class Conflicts

As previously noted in this blog, the Neiman Marcus payment card data theft class action reflects a lenient approach to the issue of standing in data breach cases. In that case, the Seventh Circuit rejected arguments that...more

Wilson Sonsini Goodrich & Rosati

Illinois Appellate Court Holds That BIPA Plaintiffs Must Show Actual Harm

On December 21, 2017, the Illinois Second District Appellate Court dealt a significant blow to the recent wave of Illinois Biometric Information Privacy Act (BIPA) class actions, holding in Rosenbach v. Six Flags...more

Fisher Phillips

D.C. Circuit Concludes Heightened Risk of Future Identity Theft Enough for Standing in Data Breach Class Action

Fisher Phillips on

Much to the dismay of companies, on August 1, 2017, the U.S. Court of Appeals for the D.C. Circuit made it easier for plaintiffs, and their attorneys, to bring class action data breach cases. In Attias v. CareFirst, Inc.,...more

Goodwin

Seventh Circuit Affirms Spokeo Dismissal of FCRA Class Action

Goodwin on

Last week, the Seventh Circuit affirmed the dismissal of two Fair Credit Reporting Act (FCRA) class actions on Spokeo grounds. The cases, which were consolidated for appeal, were filed by the same plaintiff against two...more

Lathrop GPM

Data Breach Class Action Reinstated

Lathrop GPM on

Must plaintiffs allege actual identity theft from a data breach to avoid dismissal of their class action lawsuit? No, according to yesterday’s opinion from a three-judge panel of the United States Court of Appeals for the...more

Goodwin

New Jersey District Court Considers Expansion of FCRA Liability

Goodwin on

On July 17, 2017, a New Jersey federal district court heard oral arguments in a motion to dismiss a putative class action lawsuit alleging violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681a et seq. The...more

Dorsey & Whitney LLP

D.C. Circuit Tosses Consumer Complaint Following Spokeo

Dorsey & Whitney LLP on

On July 26, 2016, the D.C. Circuit rejected a consumer class action complaint based on alleged violations of two D.C. consumer protection statutes. Citing the recent U.S. Supreme Court decision in Spokeo, Inc. v. Robins, No....more

Robinson+Cole Data Privacy + Security Insider

Data breach class action dismissed against SuperValu for lack of standing

Last week, a Minnesota court ruled that a consolidated class action filed against SuperValu retail chain failed to assert any harm, finding that while SuperValu did suffer two data breaches, the class’s claims of possible...more

McGuireWoods LLP

Neiman Marcus Seeks En Banc Review of Seventh Circuit’s Watershed Data Breach Class-Action Decision

McGuireWoods LLP on

Does a data breach of a retailer’s payment-card information automatically confer Article III standing on affected customers? Is the mere possibility that some criminal element may use pilfered information to commit future...more

Manatt, Phelps & Phillips, LLP

Advertising Law - August 2015

Internet Cafes Lose a Bet With the California Supreme Court - In a unanimous decision, the California Supreme Court upheld an injunction against the operators of Internet cafes that offered “sweepstakes” games the Court...more

Snell & Wilmer

Did the 7th Circuit Just Ease the Way for Consumer Data Breach Lawsuits?

Snell & Wilmer on

On July 20, 2015, a federal appeals court in Chicago issued what could be a watershed ruling in favor of consumers pursuing class action lawsuits against retailers and other companies following data breaches that involve the...more

Mintz - Privacy & Cybersecurity Viewpoints

Change in the Prevailing Winds in Consumer Data Breach Cases?

Seventh Circuit Rules Consumers Have Standing to Sue in Neiman Marcus Payment Card Data Breach Case - In Remijas v. Neiman Marcus Group, LLC, the Seventh Circuit reversed a district court decision dismissing consumer...more

Robinson & Cole LLP

Zappos proposed data breach class action litigation dismissed

Robinson & Cole LLP on

Continuing the growing trend of dismissing data breach cases when there is no evidence of actual harm, the United States District Court for the District of Nevada last week dismissed a class action case filed against Zappos...more

Fenwick & West LLP

Litigation Alert: SCOTUS Grants Certiorari to Review Ninth Circuit’s Spokeo Decision Granting Standing To Enforce Statutory Rights...

Fenwick & West LLP on

In an important move that may clarify standing in a variety of consumer cases, the U.S. Supreme Court on April 27, 2015 granted review in Robins v. Spokeo, Inc., 742 F.3d 409 (9th Cir. 2014), cert. granted, 135 S. Ct. 323...more

Burr & Forman

Burr Commentary: Will the U.S. Supreme Court Use Robins v. Spokeo to Finally Address “Standing” in the Absence of Actual Injury?

Burr & Forman on

Since the Constitution was ratified, 226 years ago, potential plaintiffs have been required to first establish that they have a “case or controversy” before a court can consider the merits of any legal claim. As the U.S....more

Morrison & Foerster LLP

Second Time’s the Charm? Supreme Court Takes Up Landmark FCRA Case to Address Whether Congress Can Create Standing

Zombie or no-injury plaintiffs seeking to represent zombie or no-injury classes are on the rise. In these suits, plaintiff was not injured, and there’s no way to prove who, if anyone, in the class was. Thomas Robins is one of...more

Foley & Lardner LLP

U.S. Supreme Court Accepts Review of Robins v. Spokeo, Inc.

Foley & Lardner LLP on

The Supreme Court recently accepted review of one of the most talked about privacy class action and consumer cases of the past year, Robins v. Spokeo, Inc., No. 13-1339 (U.S.). The issue before the Court is whether Congress...more

King & Spalding

Horizon Avoids Data Breach Class Action For Lack Of Standing

King & Spalding on

On March 31, 2015, a New Jersey federal judge dismissed a class action lawsuit against Horizon Healthcare Services Inc. alleging the company failed to protect the personal information of thousands of insurance network members...more

Cozen O'Connor

Middle District of Pennsylvania Dismisses Data Breach Class Actions for Lack of Standing

Cozen O'Connor on

Yet another federal judge has concluded that an individual whose personal information was allegedly accessed during a data breach lacks standing to sue unless and until there has been a misuse of that personal information or...more

Robinson & Cole LLP

PF Chang’s continues its success in thwarting data breach class action lawsuits

Robinson & Cole LLP on

We have been closely watching the class action suits against PF Chang’s (and other retailers) relating to the bistro’s data breach last year. In December, a federal district court in Illinois dismissed a proposed class action...more

Cooley LLP

Blog: Class Action Following Health Information Data Breach

Cooley LLP on

As we discussed in our previous post, Premera Blue Cross (Premera) recently revealed that it suffered a massive data breach potentially exposing the personal data of 11 million customers. ...more

Katten Muchin Rosenman LLP

District Court Dismisses Data Breach Case for Lack of Standing

The US District Court for the Middle District of Pennsylvania recently dismissed a consolidated class action against Paytime, Inc. arising out of a data breach by hackers who accessed the personal and financial information of...more

Troutman Pepper

Federal Court Holds that Data Breach Plaintiffs Have No Standing Unless They Show Misuse

Troutman Pepper on

Storm v. Paytime, Inc. — a recent case decided by the U.S. District Court for the Middle District of Pennsylvania — gives companies that have suffered third-party data breaches another decision to support dismissing class...more

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