On 8 September 2022, sitting en banc, the Eleventh Circuit held that a debt collector’s communication of a customer’s information to the debt collector’s private, third-party commercial mail vendor was not actionable under...more
On 25 June 2021, the U.S. Supreme Court issued its decision in TransUnion LLC v. Ramirez, clarifying the nature of the harm sufficient to establish Article III standing to maintain a Fair Credit Reporting Act (FCRA) claim....more
7/1/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
The D.C. Circuit Court of Appeals recently reaffirmed its position that a plaintiff can establish Article III standing (federal court subject matter jurisdiction) based solely on the risk of potential future harm following a...more
A panel of the Sixth Circuit recently concluded that a certain alleged violation of the Fair Debt Collection Practices Act (“FDCPA”) by itself constitutes a concrete injury-in-fact establishing Article III standing. ...more
Every data breach class action in federal court must confront a threshold question: has the plaintiff alleged a sufficient “injury in fact” to establish Article III standing? The inquiry frequently focuses on whether a...more
3/27/2018
/ Article III ,
Clapper v. Amnesty International ,
Class Action ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Hackers ,
Injury-in-Fact ,
Personally Identifiable Information ,
Popular ,
Spokeo v Robins ,
Standing ,
Zappos
The Ninth Circuit recently held in Bassett v. ABM Parking Services, Inc. that a plaintiff cannot establish Article III standing to maintain a Fair and Accurate Credit Transactions Act (“FACTA”) claim merely by pleading that...more
After paying for groceries with a credit card or debit card, the clerk hands the receipt to the customer. In addition to the last four digits of the card number, it contains the first digit. Or perhaps it contains the first...more
In two recent decisions, the Eighth Circuit addressed the hotly-litigated issue of when consumer plaintiffs have standing to pursue claims arising out of a data breach. The decisions stake out the Eighth Circuit’s positions...more
The Ninth Circuit has opined, again, on whether a statutory violation of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681, et seq.-–-by itself––constitutes a concrete injury for Article III standing purposes. Last...more
Recently, the Third Circuit widened the gates for certain data-breach plaintiffs, holding that alleged violations of the Fair Credit Reporting Act (“FCRA”) constitute injuries-in-fact sufficient for Article III standing. In...more
With the ever-increasing amount of personal information stored online, it is unsurprising that data breach litigation has become increasingly common. A critical issue in nearly all data breach litigation is whether a...more
The United States Supreme Court has granted certiorari to decide whether a statutory violation alone, unaccompanied by any actual harm to the plaintiff, is sufficient to establish Article III standing. See Spokeo, Inc. v....more