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En Banc Review FACTA

Foley & Lardner LLP

Eleventh Circuit Vacates Pre-Spokeo “Beat the Clock” FACTA Class Action Settlement for Lack of Standing Post-Spokeo

Foley & Lardner LLP on

The Eleventh Circuit, sitting en banc, has vacated a pre-Spokeo “beat the clock” class action settlement for lack of standing post-Spokeo. This decision is reflective of a developing trend in the Eleventh Circuit to...more

King & Spalding

En Banc Eleventh Circuit Vacates Order Approving Class Settlement, Holding that Plaintiff Lacked Article III Standing Where Bare...

King & Spalding on

On October 28, 2020, the en banc Eleventh Circuit reversed the Northern District of Georgia’s approval of a class settlement, holding that the settlement was invalid because the named plaintiff did not have standing to sue...more

Bradley Arant Boult Cummings LLP

The En Banc 11th Circuit Clarifies “Risk of Identity Theft” Standing

In a decision that narrows the path to federal court for plaintiffs seeking statutory damages with no actual harm, the full 11th Circuit has held that a plaintiff must plead a concrete injury to bring a claim based on an...more

King & Spalding

En Banc Eleventh Circuit to Address FACTA Standing Issues in Context of Class Settlement

King & Spalding on

On October 4, the Eleventh Circuit agreed to review en banc a panel decision holding that a consumer’s heightened risk of identity theft is enough to establish Article III standing. Named plaintiff David Muransky filed a...more

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