Statutory Damages

News & Analysis as of

Spokeo—New Hope for Defending Against ERISA Claims?

Last month, the Supreme Court of the United States issued its decision in Spokeo, Inc. v. Robins, No. 13–1339 (May 16, 2016). Spokeo involved a lawsuit brought under the Fair Credit Reporting Act of 1970 (FCRA). ...more

Damages 101

Litigation is inherently results-oriented. Too often, however, even those experienced in litigation tend to blur the lines between subtly different categories of damages. Perhaps it’s time to go back to Damages 101....more

Supreme Court’s Spokeo Decision Strengthens Standing Defense For Employers In FCRA And Other Statutory Class Actions

In an important victory for employers, the Supreme Court in Spokeo, Inc. v. Robins held that a plaintiff does not have Article III standing to sue in federal court under the Fair Credit Reporting Act (FCRA) and other federal...more

Spokeo – Half a Loaf, Maybe More, from the Supreme Court

We can’t stand no-injury class actions – those that allege only “I got exactly what the product I paid for, and wasn’t hurt, but for X reason I paid ‘too much’ for it.” Such litigation is a waste of time and money, and is...more

Latest California ADA Lawsuit Reform Attempt: “Watered Down Solution”

Seyfarth Synopsis: In yet another effort to limit predatory ADA lawsuits, California Governor Jerry Brown recently signed into law – effective immediately – legislation that will provide small business owners with some...more

Damages for Arizona FDCPA Violations

The Fair Debt Collection Practices Act (“FDCPA”) is a federal law that sets the rules for debt collectors can do and say while trying to collect on a debt. While the FDCPA is a federal law, it protects Arizona residents from...more

Dual Decisions Provide Narrow Path for Plaintiffs to Establish Standing in Data Breach and Cybersecurity Suits

Last week, decisions by the United States Supreme Court and the Northern District of Georgia provided further guidance regarding the narrow path required for a class action plaintiff to successfully establish Article III...more

Supreme Court Vacates Ninth Circuit Decision in Spokeo, Remands for Analysis of Concrete Harms

On May 16, 2016, the Supreme Court issued its decision in Spokeo v. Robins, which posed the question of whether Article III standing requires a plaintiff to have a concrete injury when alleging a statutory violation under the...more

Supreme Court: ‘Actual Injury’ Needed to Establish Standing to Sue for Violations of Fair Credit Reporting Act

Plaintiffs must show they suffered from an actual injury, not just a “bare procedural violation,” in order to sue in federal court, the U.S. Supreme Court has ruled in its long-awaited decision in Spokeo, Inc. v. Robins, No....more

Supreme Court Punts On Issue Of "Standing" To Pursue Class Action Claims

Earlier this week, by a 6-2 vote, the Supreme Court issued a “no decision” decision on an issue important to employers facing class action litigation. The Court decided that the 9th Circuit Court of Appeals needed to review...more

Supreme Court Remands Spokeo v. Robins To Ninth Circuit To Reconsider Plaintiff’s Standing

On Monday, the U.S. Supreme Court issued its much-anticipated decision in Spokeo v. Robins, holding that a technical violation of the Fair Credit Reporting Act (“FCRA”) would not be enough to confer Article III standing on...more

Supreme Court Reshapes Consumer Financial Law with Two Recent Decisions

The Supreme Court issued two interesting decisions recently that will affect the consumer financial industry. In Spokeo, Inc. v. Robins, the Court held that when it comes to Fair Credit Reporting Act (FCRA) violations,...more

Spokeo v. Robins: Statutory Violation Does Not Automatically Create a Case or Controversy Under Article III

Earlier this week, the Supreme Court issued its highly anticipated decision in Spokeo v. Robins (see our previous posts on the case and oral argument). The United States Supreme Court held that a plaintiff must show that an...more

High Court Spokeo Ruling on Standing Avoids Nixing No Injury Class Actions

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

Supreme Court's Spokeo Ruling Could Broadly Impact Consumer Class Actions

The Court’s discussion of concrete injuries likely applies to other statutory consumer class actions based solely on technical violations. On May 16, the U.S. Supreme Court issued its much-anticipated decision in Spokeo,...more

Plaintiffs’ Lawyers Try to Spin Spokeo

A peculiar thing happened after the Supreme Court announced its decision in Spokeo, Inc. v. Robins on Monday. Even though the Court ruled in favor of Spokeo—vacating the Ninth Circuit’s ruling that the plaintiff had...more

Supreme Court Issues Opinions Favorable to Financial Services Companies

May is usually a busy month on the Supreme Court before the justices head off for some summer R&R. It is historically a time when many opinions are issued, and May 2016 has been no exception. ...more

Supreme Court Issues Closely Watched Article III Standing Decision

The Court holds that allegation of a statutory violation is not solely sufficient to satisfy the “concrete harm” requirement for purposes of Article III standing in federal court....more

TCPA Connect - May 2016

BREAKING: SCOTUS Rules on Spokeo, Significant Implications for TCPA Cases - The Supreme Court of the United States ruled yesterday in Spokeo, Inc. v. Robins that a plaintiff must show an injury in fact before pursuing a...more

Supreme Court Vacates Ninth Circuit’s Decision in Spokeo, Inc. v. Robbins, Holds “Bare Procedural Violation” of FCRA Does Not...

In a much-anticipated decision, the United States Supreme Court ruled on Monday in Spokeo, Inc. v. Robins, No. 13-1339, 2016 WL 2842447 (May 16, 2016), that a consumer cannot bring a lawsuit in federal court based only on a...more

Supreme Court’s Spokeo Decision Erects Barriers for Privacy and Data Security Plaintiffs

On May 16, 2016, the United States Supreme Court in Spokeo, Inc. v. Robins confirmed that a “concrete” injury is required of all private parties seeking to assert claims in federal court, even those alleging violations of a...more

“No Injury” Consumer Class Actions Weakened, but Not Killed, by Supreme Court

The U.S. Supreme Court held Monday that the Ninth Circuit erred when it ruled consumers can sue companies without alleging actual injury. The Supreme Court ruled that a consumer could not sue Spokeo Inc. for mere technical...more

The Supreme Court’s Spokeo Decision and its Potential Impact on Privacy and Data Security Class Actions

On May 16, 2016, the Supreme Court decided Spokeo, Inc. v. Robins, ruling that a plaintiff must sufficiently allege an injury that is both concrete and particularized in order to have Article III standing, and further that a...more

Spokeo Confirms That Alleging a Statutory Violation Is Not Necessarily Enough to Create Standing

In a 6-2 decision, the Supreme Court held that the mere allegation of a statutory violation is not necessarily enough to create Article III standing. Spokeo, Inc. v. Robins, 578 U.S. __, No. 13-1339 (May 16, 2016). Instead,...more

Supreme Court Rules in Spokeo, Requiring “Concrete and Particularized Harm” For Standing

In a 6-2 decision authored by Justice Samuel Alito, the United States Supreme Court spoke on the issue of standing when statutory violations are alleged, and its opinion could have profound effects on TCPA litigation. Holding...more

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