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How Courts Are Deciding Standing In Fla. Robocall Cases

There is a continuing question regarding Article III standing for cases brought under the federal Telephone Consumer Protection Act in Florida. To give the very quick recap: In 2019, the U.S. Court of Appeals for the...more

Applying Article III Rulings to Robocall Standing in Florida

In a prior Law360 guest article, we addressed the issue of standing for Telephone Consumer Protection Act class actions in the U.S. Court of Appeals for the Eleventh Circuit. As we noted in the article, the metes and bounds...more

The Murky Status of TCPA Standing in the 11th Circ.

On July 27, the U.S. Court of Appeals for the Eleventh Circuit issued a precedential decision in Drazen v. Pinto, which centered on an "argument over the meaning of coupon settlements." Originally published in Law360 on...more

Fitting a Square Plaintiff Into a Circle Class? No Can Do Says Florida Federal Court

A recent decision issued by Chief Judge Timothy J. Corrigan of the Middle District of Florida highlights a straightforward yet consequential class action principle: a plaintiff cannot serve as a class representative for a...more

Resolving When Fla. Consumer Statute Gives Cos. Standing

In his iconic song, Ben E. King proclaimed that his darling could "Stand By Me." While it may seem far afield, the famous refrain from the song helps frame the questions around whether a business has standing to bring a claim...more

10/27/2021  /  Appeals , Article III , FDUTPA , Standing

More Is Not Merrier: Eleventh Circuit Sends Message to Debt Collectors Using Third-Party Vendors

The Eleventh Circuit’s decision in Hunstein v. Preferred Collection & Management Services Inc. has already changed the status quo in the debt collection industry, as the court itself predicted. Whether it will lead to any...more

Should Defendants Seek Stays of Class Actions Pending the Supreme Court’s Upcoming Decision on Article III Standing for Absent...

On December 16, 2020, the Supreme Court granted certiorari in TransUnion LLC v. Ramirez to review the Ninth Circuit's decision in Ramirez v. TransUnion LLC. Specifically, the Supreme Court granted certiorari for the following...more

Article III and Rule 23: Do We Stand Together or All on Our Own?

On December 16, 2020, the Supreme Court granted certiorari in TransUnion LLC v. Ramirez to review the Ninth Circuit’s decision in Ramirez v. TransUnion LLC. Specifically, the Supreme Court granted certiorari for the following...more

Two Days in October Result in Two Different Rulings by District Court Judges in the Southern District of Florida Regarding...

Federal district courts in Florida continue to be at odds over whether a class plaintiff who claims to have suffered a past injury based on a defendant’s violation of the Florida Deceptive and Unfair Trade Practices Act...more

Spokeo Leaves Lower Courts to Wrangle With Article III Standing Issues

The United States Supreme Court issued its decision in Spokeo, Inc. v. Robins on May 16, 2016. At the time, the degree to which the decision was a punt was somewhat underreported. The five-judge majority opinion actually...more

Supreme Court’s Spokeo Decision Leaves Questions Unresolved

On May 16, the Supreme Court issued its Spokeo v. Robins decision. Spokeo was a closely-watched case, as it had the potential to substantially limit federal court jurisdiction in cases where plaintiffs sued for violations of...more

Supreme Court’s Spokeo Decision Leaves Questions Unresolved

On May 16, 2016, the Supreme Court issued its decision in Spokeo v. Robins. This had been a closely watched case, as it had the potential to substantially limit federal court jurisdiction in cases where plaintiffs sued for...more

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