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Damages › Class Action › Statutory Damages

WilmerHale

Year in Review: 2024 BIPA Litigation Takeaways

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Illinois’s Biometric Information Privacy Act (BIPA) continues to drive a wave of privacy-related litigation across the United States, though a 2024 amendment to the act—the first since BIPA’s enactment in 2008—may slow the...more

Ballard Spahr LLP

Eleventh Circuit rules consumers can recover statutory damages for willful FCRA violations without proving actual damages

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Joining every other circuit to address the same issue, the U.S. Court of Appeals for the Eleventh Circuit recently ruled that a consumer does not have to prove actual damages to recover statutory damages for willful...more

Robinson Bradshaw

Does Due Process Limit Aggregate Statutory Damages in Class Actions?

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Statutes defining minimum damages per violation, such as many consumer protection laws, often inspire class actions. Plaintiffs argue that certification of such classes is easier because they avoid issues of individualized...more

Jones Day

Federal Appellate Court Affirms Significant Reduction of Damages Claim in TCPA Class Action

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The Situation: The United States Court of Appeals for the Eighth Circuit considered constitutional limits on statutory damages awarded under the Telephone Consumer Protection Act ("TCPA"). The Result: The court affirmed a...more

Patterson Belknap Webb & Tyler LLP

Interlocutory Appeal in “Flushable Wipes” Cases Goes Down The Drain

Patterson Belknap Webb & Tyler LLP on

Last month, the Second Circuit heard oral argument in what had seemed like the most consequential consumer class-action appeal in that court in years: three consolidated cases involving “flushable” hygienic wipes....more

Womble Bond Dickinson

Damage Control: Understanding Defendants’ Potential Exposure Under the Fair Credit Reporting Act

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Depending on the statutory violation, the Fair Credit Reporting Act (FCRA) allows plaintiffs to recover a wide array of damages and exposes defendants to significant liability. Seemingly minor violations of the Act may result...more

Goodwin

Optimizing Damages Adjustments In Securities Class Actions

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Because most securities class actions settle, the statutory limitations on damages that plaintiffs are allowed to recover following a favorable verdict are often overlooked. Those limitations, however, can be surprisingly...more

Dentons

Trouble in the Magic Kingdom: Disney Finds Itself the Villain in This Fairytale

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Disney is known for its fairytales and happy endings. Usually its adorable characters and feel-good plots earn it wide acclaim. But recently, a California judge agreed with the plaintiff, in Roger L. Culberson II v. The Walt...more

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