The U.S. Court of Appeals for the Third Circuit recently held, for the first time, that a mere procedural violation of a statute does not present the material risk of harm that a plaintiff must allege to establish Article III...more
3/14/2019
/ Appeals ,
Article III ,
Corporate Counsel ,
Data Protection ,
Debit and Credit Card Transactions ,
FACTA ,
Identity Theft ,
Injury-in-Fact ,
J Crew ,
Motion to Dismiss ,
Privacy Concerns ,
Putative Class Actions ,
Retailers ,
Standing ,
Statutory Violations
While some defendants will view the Spokeo II decision as lowering the bar for standing, the recognition in Spokeo II and Groshek that a statutory violation alone does not automatically satisfy the concrete injury requirement...more
8/18/2017
/ Article III ,
Background Checks ,
Class Action ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
SCOTUS ,
Screening Procedures ,
Spokeo v Robins ,
Standing
Historically, the Federal Trade Commission (FTC) has been the most active federal regulator of data privacy and security. Since its creation, it has pursued hundreds of cases against companies that violated privacy statutes...more