News & Analysis as of

FACTA

FACTA Suits Still Bite - $31 Million Subway Class Action Settlement Approved

Ten years ago, hundreds of retailers, chain restaurants and others were targeted nationwide as defendants in class action suits under the Fair and Accurate Credit Transactions Act (FACTA) for violating the so-called...more

Spokeo Argument After Removal to Federal Court Creates Double-Edged Sword for Defendants

by Ballard Spahr LLP on

After the U.S. Supreme Court's decision in Spokeo, Inc. v. Robbins last year, many defendants have perceived the assertion of a standing argument as a potential panacea when confronted with federal statutory claims in which...more

Automatic exchange of information and insurance companies - a question of compliance

by Hogan Lovells on

Automatic exchange of information (AEOI) regimes, primarily aimed at curbing tax avoidance through the use of foreign accounts and investment platforms, have recently become a global trend, starting with the adoption of the...more

Technical Violations of the Fair and Accurate Credit Transaction Act (FACTA)

by Reminger Co., LPA on

In ­ Meyers v. Nicolet Restaurant of De Pere, LLC, 843 F.3d 724, 2016 U.S. App. LEXIS 22139, the Seventh Circuit Court of Appeals recently weighed in on a hotly-debated issue: whether a technical violation of a statute...more

Constitutional Standing Provides Fertile Battleground In Data Breach Litigation

by Moore & Van Allen PLLC on

A common and understandable concern of companies that suffer a data breach is whether the victims can sue the company. It is tempting to assume that the victims won’t sue if they do not suffer identity theft or monetary loss...more

Seventh Circuit Applies Spokeo To Reject FACTA Suit

by King & Spalding on

On December 13, 2016, the U.S. Court of Appeals for the Seventh Circuit issued an opinion in Jeremy Meyers v. Nicolet Restaurant of De Pere, LLC, __ F. 3d __, No. 16-2075, holding that the named plaintiff in a proposed class...more

Consumer Financial Services Newsletter - December 2016

by Hinshaw & Culbertson LLP on

Seventh Circuit Dismisses Consumer's FACTA Case Pursuant to Spokeo - The Seventh Circuit remanded a Fair and Accurate Credit Transactions Act (FACTA) case, Jeremy Meyers v. Nicolet Restaurant of De Pere, LLC, instructing...more

Meyers v. Nicolet Restaurant of De Pere, LLC: Seventh Circuit Rules Mere Failure to Truncate Credit Card Expiration Date Under...

by King & Spalding on

In Meyers v. Nicolet Restaurant of De Pere, LLC, an opinion issued on December 13, 2016, the United States Court of Appeals for the Seventh Circuit held that a proposed class action suit brought under the Fair and Accurate...more

Litigation Alert: The Seventh Circuit Limits Standing For Lawsuits Under The Fair And Accurate Credit Transactions Act

by Fenwick & West LLP on

This week, in Myers v. Nicolet Rest. of de Pere, LLC, No. 16-2075 (7th Cir. Dec. 13, 2016), the Seventh Circuit narrowed standing to bring lawsuits under the Fair and Accurate Credit Transactions Act (FACTA) in holding that...more

Top 10 Litigation Risks and Trends for Retailers

by Perkins Coie on

With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims...more

Plus Feature: Seventh Circuit Affirms Denial of Class Certification on Spokeo Grounds in FACTA Class Action

by Benesch on

On December 13, 2016, the Seventh Circuit Court of Appeals affirmed the denial of a plaintiff’s motion for class certification under the Fair and Accurate Credit Transactions Act (“FACTA”). In the first federal appellate...more

Spokeo Should Not Fall on Deaf Ears in Privacy Class Actions

by Pierce Atwood LLP on

On the May morning that the Supreme Court handed down its ruling in Spokeo, Inc. v. Robins, I was among those who read the case as a bellwether. The Spokeo appeal addressed a long-festering issue about whether Congress may...more

Week in Review: Ascertainability under Rule 23(b)(2) and a Dose of Spokeo

by McGuireWoods LLP on

This week we consider the Sixth Circuit’s take on how Rule 23’s ascertainability requirement overlaps with the different pathways to certification under Rule 23(b), as well as some post-Spokeo dismissals of putative class...more

After the FACTA: A Judgment Creditor Must Establish a “Credit” Transaction to Get a Credit Report

by Dorsey & Whitney LLP on

On July 25, 2016, the United States District Court for the Western District of Washington held that before obtaining a consumer’s credit report, a third party judgment creditor must establish that the transaction at issue is...more

FACTA Check: Credit and Debit Receipts Can Show Injury-in-Fact

by Goulston & Storrs PC on

In a series of recent decisions that have important implications for retailers, large and small, federal courts have allowed consumer class actions to proceed against businesses for violation of the Fair and Accurate Credit...more

Post-Spokeo Standing: An Evolving Landscape

Several recent federal court decisions have shed additional light on the still-unsettled question of when a plaintiff has Article III standing to sue based on a data breach or other data security or privacy event. These...more

Week in Review: Appellate Court Upholds Damages-Based Challenge to Predominance and More

by McGuireWoods LLP on

This week’s recap examines a recent appellate ruling that provides a nice roadmap for arguing a plaintiff’s theory of damages cannot satisfy Rule 23’s predominance requirement, as well as another district court’s efforts to...more

Receipt With Credit Card Data Constitutes Sufficient Injury for Class Action to Proceed

by Bryan Cave on

A recent federal court ruling allows a class action lawsuit to proceed against luxury fashion retailer Jimmy Choo for violating the Fair and Accurate Credit Transactions Act of 2003 (FACTA). This ruling, which will likely be...more

Government Investigations: Use of the Financial Crimes Enforcement Network and Virtual Currency

by Moskowitz LLP on

Since 2009, the US Department of Justice has implemented an aggressive anti-tax evasion strategy that has changed by targeting tax havens that host financial intermediaries (i.e., banks) to the financial intermediaries...more

Privacy Tip #21 – It’s a new year—time to get a free copy of your credit report

I am fortunate to teach the Privacy Law class at Roger Williams University School of Law on Tuesday afternoons. Yesterday, we discussed all of the laws relating to the financial services industry. OK, not the most exciting...more

Global Tax Enforcement in 2016: What You Need to Know

by BakerHostetler on

The investigation and prosecution of tax evasion has, in the past decade, grown from a specialized subcategory of law enforcement into a first-tier policy concern for the international community. Financial institutions,...more

Gulag America

by Charles (Chuck) Rubin on

A few years back, Congress passed FATCA. While purportedly aimed at reaching money of tax evaders hidden offshore, a practical effect has been it is nearly impossible for U.S. persons to hold or open bank or brokerage...more

Advertising Law - November 2015 #2

It’s a FACT(A): Record Deals Reached Under the Statute - Two record-setting deals were recently reached in Fair and Accurate Credit Transaction Act (FACTA) cases, where the Laboratory Corporation of America and Spirit...more

Employment Law Reporter – August 2015

by Ervin Cohen & Jessup LLP on

THE INCREASING DANGER OF BACKGROUND CHECKS - New Laws and Emerging Privacy Rights Complicate an Already Difficult Process. The intersection of privacy laws and employment practices can be a dangerous one. Employers...more

The Class Action Chronicle - Summer 2015

In This Issue: - The Fairness in Class Action Litigation Act of 2015 - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to...more

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