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No Standing for Injunctive Relief: Eleventh Circuit Vacates Brain Performance Supplement Class Action Settlement

On April 12, the Eleventh Circuit Court of Appeals vacated an $8 million class-action settlement for lack of standing. While the issue was not raised by the district court or either party on appeal, the court ruled that the...more

More Privacy, Please - September 2021

Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to...more

No Standing in Data Breach Case Involving “Essentially Useless” Stolen Data

The Central District of California recently dismissed a data breach class action for lack of standing, notwithstanding evidence that the stolen data of 40 million consumers had allegedly been offered for sale on the dark web....more

Supreme Court Decision: TransUnion v. Ramirez

Today, the Supreme Court issued its opinion in TransUnion LLC v. Ramirez, holding that a concrete injury requires more than the existence of a risk of harm that never materializes. Accordingly, the vast majority of the absent...more

Litigation and Enforcement: Virginia Consumer Data Protection Act Series (Part Five)

Like the California Consumer Privacy Act of 2018 (CCPA) and the California Privacy Rights Act of 2020 (CPRA), the Virginia Consumer Data Protection Act (VCDPA) does not grant a private right of action for alleged violations...more

CFPB Moves to Dismiss Lawsuit But Supports Plaintiff on the Merits

On March 22, the Consumer Financial Protection Bureau (Bureau) moved to dismiss a challenge to a final rule it promulgated last summer. But this routine filing was followed by a blog that expressed the Bureau’s intent to...more

Calling SCOTUS: Eleventh Circuit Invites Supreme Court to Address Circuit Split on Article III Standing for Data Incident...

Last Thursday, the Eleventh Circuit affirmed a district court’s dismissal for lack of standing in a data incident case. The majority opinion, written by Senior Judge Gerald Bard Tjoflat and joined by Judge Adalberto Jordan...more

Too Much Individuality: Central District of Illinois Declines to Certify Class in Data Incident Case

Last week, Judge Sue Myerscough declined to certify a class of employees whose personal information was disclosed when Driveline Retail Merchandising fell prey to a phishing scam. While nearly 16,000 employees were allegedly...more

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