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2022’s Unwelcome Trend of Lawsuits Challenging Website Technology Is Here to Stay

Nearly every website has some means of tracking user data to fix bugs and improve the user experience. The plaintiffs’ bar has been actively filing class actions alleging many of these technologies illegally collect user...more

Website Analytics (Session Replay) Litigation is Not Dead

On October 18, 2022, in Popa v. Harriet Carter Gifts Inc. et al., Case Number 21-2203, the Third Circuit denied rehearing on its ruling that allows a class action alleging wiretapping claims based on the use of session replay...more

11/1/2022  /  Surveillance , Websites , Wiretapping

Supreme Court Hardens Concrete Injury Requirement for Article III Standing

“An injury in law is not an injury in fact.” Our Litigation Group explores how the U.S. Supreme Court ruled that despite whatever Congress may say, a concrete harm is essential to establishing an injury in fact for Article...more

Eleventh Circuit Allows Article III Standing for Disclosure of Sensitive Information Relating to Debt

The FDCPA isn’t always as simple as ABC. Our Litigation Group examines the Eleventh Circuit’s recent ruling relating to when disclosure of sensitive information can create standing even when it doesn’t create tangible harm or...more

Another Court Dismisses Data Breach Class Action Lawsuit for Lack of Standing

In what appears to be a growing trend, another federal district court has dismissed a data breach case for lack of standing. In Springmeyer et al. v. Marriott International, Inc., 2021 WL 809894 (D. Md.), Plaintiffs, former...more

Eleventh Circuit Holds Risk of Future Harm Does Not Establish Article III Standing

As part of a growing trend, the Eleventh Circuit recently held that an alleged risk of future identity theft does not establish standing where the plaintiff does not allege any information has actually been misused. Tsao v....more

Supreme Court Holds Congress Cannot Confer Automatic Standing By Statute

The Supreme Court has issued its much anticipated opinion in Spokeo Inc. v. Robins, No. 13-1339, 578 U.S. ___ (2016). The Supreme Court granted certiarori in Spokeo to determine whether a bare violation of a statute – the...more

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