Statutory Damages

News & Analysis as of

U.S. Supreme Court Invites Solicitor General’s Views On Whether Certiorari Should Be Granted In Case Involving Standing To Recover...

Yesterday, the U.S. Supreme Court invited the Solicitor General to file a brief to express the Obama administration’s views on whether certiorari should be granted in a consumer case involving an important issue of statutory...more

Why Are Companies Getting Sued Under the Video Privacy Protection Act? - Minimizing Your Company's Risk of a VPPA Lawsuit...

Plaintiffs' class action attorneys have filed a cascade of recent Video Privacy Protection Act (VPPA) suits against major brand names. These suits can present a significant exposure because the VPPA provides for statutory...more

State Courts Disagree About Whether Statutory Damages Make Class Actions an Inferior Method for Adjudicating TCPA Claims

The statutory damages that have caused so many plaintiffs to file TCPA class actions have also caused some courts to find that class actions are not the superior method for adjudicating them. Federal Rule of Civil Procedure...more

California Employers’ Use of Employees’ Photographs on Company Website Requires Prior Employee Consent

In California, employers’ use of employee’s photographs for marketing purposes such as on its Company website or promotional literature requires prior employee consent for each use, unless the employer meets very limited...more

Psihoyos v. John Wiley & Sons, Inc.

Psihoyos v. John Wiley & Sons, Inc. - USCA Second Circuit, April 4, 2014: Second Circuit adopts “discovery rule” for accrual of copyright infringement claims, affirms dismissal of infringement claims with respect to...more

Supreme Court Of Missouri Holds CGL Policy Covers Statutory Damages Claim For Violations of Telephone Consumer Protection Act...

In Columbia Casualty, the Supreme Court of Missouri held that statutory damages for violations of the TCPA were firmly within the “property damage” and “advertising injury” coverage provided by a CGL policy. The Court...more

FCRA Claim Provides Article III Standing without Showing of Actual Harm, Ninth Circuit Rules

The U.S. Court of Appeals for the Ninth Circuit has ruled that a plaintiff had Article III standing to sue a website operator for violations of the Fair Credit Reporting Act (FCRA) regardless of whether he could show actual...more

Second Circuit: TCPA Class Actions Permitted in New York Federal Courts

A recent shift in 2nd Circuit law may lead to a rise in class actions under the Telephone Consumer Protection Act (TCPA). See Bank v. Independence Energy Grp. LLC, 736 F.3d 660 (2d Cir. 2013). After a 2012 Supreme Court case...more

Fear FACTA: Beware the Truncation Requirement of the Fair and Accurate Credit Transactions Act

All businesses, large and small, that issue electronically generated credit or debit card receipts to consumers at the point of transaction are subject to the “truncation” requirement of the Fair and Accurate Credit...more

S.D.N.Y. Holds TILA Short-Form Credit Card Notice Violations Subject To Statutory Damages

On November 4, the U.S. District Court for the Southern District of New York held that credit card holders may pursue statutory damages for alleged violations of Regulation Z’s short-form credit card notice requirement, even...more

No Harm, No Foul: Court of Appeal lets UCLA off the hook for $16 million in lost medical data case

A computer hard drive containing private medical information for 16,000 patients at UCLA was stolen. One of the patients filed a class action lawsuit seeking $1,000 per patient ($16 million total) in statutory damages against...more

Seventh Circuit Reverses Decertification of Class in ATM Fee Suit

The United States Court of Appeals for the Seventh Circuit reversed a lower court’s decertification of a class alleging violations of the Electronic Fund Transfer Act. Plaintiffs filed a class action alleging that defendants,...more

New TCPA Requirements for "Prior Express Written Consent" Effective October 16

Companies that use telemarketing campaigns must be ready for changes to “prior express consent” requirements that go into effect on October 16, 2013. The new rules were issued by the Federal Communications Commission (FCC)...more

Eighth Circuit Deems 'Informational Injury' Sufficient To Confer Standing

The U.S. Court of Appeals for the Eighth Circuit recently addressed an important issue that the U.S. Supreme Court avoided last year concerning whether a consumer must suffer actual economic harm to have standing to sue for...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- July 12, 2013

Sony BMG Music Entertainment v. Tenenbaum, USCA, First Circuit, June 25, 2013 - First Circuit affirms judgment in favor of recording companies, holding that statutory damage award of $675,000 for willfully infringing...more

First Circuit Affirms $675,000 Award Against Joel Tenenbaum: Gore Test Does not Apply to Statutory Damages under Copyright Act

This week, the First Circuit affirmed a $675,0000 statutory damages award against college student Joel Tenenbaum for copyright infringement. The Court held that the damages award, based on Tenenbaum’s illegal downloading and...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- May 31, 2013

Hart v. Electronic Arts, Inc., U.S.C.A., Third Circuit, May 21, 2013 - Third Circuit reverses district court’s grant of summary judgment dismissing claim of plaintiff, former college football player, for violating his...more

Illinois Supreme Court Holds TCPA Damages Not Punitive

Today the Illinois Supreme Court issued its decision in Standard Mutual v. Lay, 2013 IL 114617 (2013). Locklear brought a class action claim against Lay under the Telephone Consumer Protection Act of 1991 (TCPA), which...more

Burr Alert: Blowing The Cap Off Statutory Damages Under The FCCPA?: An Analysis Of Kahmeyer v. Federal Credit Corporation

In Kahmeyer v. Federal Credit Corporation, the 13th Judicial Circuit in Hillsborough County, Florida released an opinion that has given new life to the argument that each violation of the Florida Consumer Collection Practices...more

Four Words the Fair Credit Reporting Act Has Class Action Plaintiffs and Their Lawyers Repeating: “Show Me The Money!”

Over the past few years, the Fair Credit Reporting Act (“FCRA”), the federal law mandating, among other things, procedures and reporting requirements employers must follow when conducting background checks through a third...more

Privacy Class Actions: Year-in-Review

During 2012, privacy class actions continued to trend toward two major categories: 1) actions that arose out of a data breach event and 2) actions brought to prosecute an alleged consumer privacy right....more

Will the Supreme Court Review Copyright Damages in Music Downloading Case?

Like Joel Tenenbaum, who has been discussed in prior entries in this blog, Jammie Thomas-Rasset has conducted a long-running battle with the recording industry over how much damages she should pay for her downloading...more

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