News & Analysis as of

FACTA Article III

Ballard Spahr LLP

Pennsylvania appellate court finds no state court standing to bring FACTA claim based solely on statutory violation

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In its 2016 decision in Spokeo v. Robins, the U.S. Supreme Court held that a plaintiff alleging a Fair Credit Reporting Act violation does not have standing under Article III of the U.S. Constitution to sue for statutory...more

Venable LLP

How a Recent FACTA Decision Impacts the Florida Telephone Solicitation Act's Standing Analysis

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Several years ago, in Salcedo v. Hanna, the Eleventh Circuit held that the receipt of a single allegedly unsolicited, autodialed text message was not a concrete enough injury-in-fact to establish Article III standing for a...more

Hudson Cook, LLP

FCRA Year in Review: Key FCRA Appellate Decisions

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[co-author: David Anthony] In 2020, the appellate courts had numerous opportunities to weigh in on many unanswered questions that remain in litigation after over 50 years since the statute was first enacted. The case law...more

King & Spalding

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

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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

Womble Bond Dickinson

Eleventh Circuit Vacates Godiva FACTA Settlement

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Justice Kavanaugh said earlier this summer that “[c]ourts sometimes makes standing law more complicated than its needs to be.” The majority in the Eleventh Circuit took that statement to heart in its en banc opinion in...more

Kilpatrick

Data Breach Class Actions - Eleventh Circuit En Banc Decision Could be Bad News for Plaintiffs

Kilpatrick on

Takeaway: The Eleventh Circuit has yet to address whether a future risk of identity theft is sufficient to establish standing in a data breach case. In Muransky v. Godiva Chocolatier, Inc., 16-16486, 2020 WL 6305084, at *12...more

Bilzin Sumberg

Godiva FACTA Case Alters 11th Circ. View On Standing

Bilzin Sumberg on

In April of 2019, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued a decision in Muransky v. Godiva Chocolatier Inc. that was widely viewed as swinging open the doors of courts in the circuit...more

Carlton Fields

A Class Action Settlement With a Chocolate Company Melts Away: Eleventh Circuit Issues En Banc Decision on Article III Standing...

Carlton Fields on

On October 28, 2020, the Eleventh Circuit Court of Appeals issued a split (7-3) en banc decision applying Spokeo principles to a claim that a vendor issued a receipt that included more digits from the plaintiff’s credit card...more

Balch & Bingham LLP

Giving Teeth to Article III Standing Requirements in the Eleventh Circuit.

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The federal courts have been struggling for several years to clarify Article III standing law. Is it enough that a plaintiff satisfy the elements of a federal consumer protection statute? ...more

Alston & Bird

Eleventh Circuit Is Not So Sweet To Consumer Plaintiffs Alleging FACTA Violations

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A&B Abstract: The Eleventh Circuit’s recent decision in Muransky v. Godiva Chocolatier, Inc., No. 16-16486 (11th Cir. Oct 28, 2020) marks a shift in the court’s position regarding what a consumer plaintiff must allege in...more

Locke Lord LLP

Class Actions Continue Down Rocky Road in Eleventh Circuit as Court Dismisses Godiva Class Action

Locke Lord LLP on

In Muransky v. Godiva Chocolatier, Inc., 16-16486, 2020 WL 6305084 (11th Cir. Oct. 28, 2020), ‎the US Court of Appeals for the Eleventh Circuit dealt another blow to the plaintiffs’ class ‎action bar by not only vacating a...more

King & Spalding

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

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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

Bilzin Sumberg

Will the Eleventh Circuit Fall in Line with its Sister Circuits in Interpreting Spokeo’s Standing Requirements in FACTA Cases?

Bilzin Sumberg on

If you are a typical shopper, the last thing on your mind at the checkout counter is your printed credit card receipt.  As you juggle your grocery store bags, you might absentmindedly fold the receipt into your wallet, or...more

Alston & Bird

Recent Cases Deepen the Divide Among Circuits on Standing to Sue for Violations of FACTA

Alston & Bird on

A&B Abstract: Recent cases by the Eleventh Circuit and the D.C. Circuit deepen the divide among the courts on the standing of consumers to sue for violations of the Fair and Accurate Credit Transactions Act (“FACTA”). ...more

King & Spalding

Eleventh Circuit Creates Circuit Split on Article III Standing and Confirms that Class Members Who Object to a Class Settlement...

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On April 22, 2019, the Eleventh Circuit held in Muransky v. Godiva Chocolatier, Inc. that a plaintiff who claimed to have suffered a heightened risk of identity theft when the defendant printed a receipt containing too many...more

Ballard Spahr LLP

11th Circuit Deepens Circuit Split on Standing: Holds FACTA Violation Creates Concrete Injury Based on Inherent Risk of Real Harm

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Last month, the U.S. Court of Appeals for the 11th Circuit issued an opinion in Muransky v. Godiva Chocolatier, Inc., which, sua sponte, vacated and reissued its earlier ruling in the same case: that consumers have standing...more

Bradley Arant Boult Cummings LLP

The Eleventh Circuit Finds Class Rep Has Standing to Settle a FACTA Class Action

Bucking a recent trend and departing from both the Second Circuit’s Katz decision and the Third Circuit’s Kamal decision, the Eleventh Circuit found that a plaintiff had standing to settle a FACTA claim on behalf of a class....more

Proskauer - Advertising Law

Third Circuit Shreds Plaintiff’s Credit Card Receipt Case On Standing Grounds

The Third Circuit recently held that procedural violations of the Fair and Accurate Credit Transactions Act (“FACTA”), absent any showing of concrete harm, do not meet Article III standing requirements. Kamal v. J. Crew...more

Ballard Spahr LLP

Third Circuit: FACTA Class Plaintiff Lacked Concrete Injury Required for Standing Under Spokeo

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In a precedential opinion, the U.S. Court of Appeals for the Third Circuit concluded that because the named plaintiff in a class action complaint failed to allege a concrete injury...more

Patterson Belknap Webb & Tyler LLP

Third Circuit Rejects J. Crew Customer Suit in Rigorous Application of Standing Principles

Last Friday, the Third Circuit held that a J. Crew customer lacked standing to the sue company for printing ten digits of his credit card on a receipt, in violation of the Fair and Accurate Credit Transaction Act (which...more

Bradley Arant Boult Cummings LLP

Third Circuit Reinforces That FACTA Class Actions Remain Ideal Targets for Spokeo Challenges

Almost one year ago, we wrote about the impact of Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016) on Fair and Accurate Credit Transaction Act (FACTA) class actions and offered practical pointers for defendants confronting...more

Fenwick & West LLP

Third Circuit Holds Procedural FACTA Violation Insufficient to Establish Standing

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The U.S. Court of Appeals for the Third Circuit added its voice to the chorus of circuit courts of appeal that have held that alleged procedural violations of the Fair and Accurate Credit Transactions Act (FACTA), such as the...more

Troutman Pepper

Third Circuit Finds That No Real Risk of Harm Means No Article III Standing

Troutman Pepper on

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

Akin Gump Strauss Hauer & Feld LLP

Third Circuit Rejects Consumer Claim of Injury-in-Fact Based on an Alleged Risk of Harm

• On March 8, the Court of Appeals for the Third Circuit issued a precedential opinion upholding dismissal of a putative consumer class action where the plaintiff failed to plead a concrete injury-in-fact stemming from an...more

Cozen O'Connor

Third Circuit Affirms Dismissal Of FACTA Suit On Standing Grounds

Cozen O'Connor on

A three-judge panel of the Third Circuit recently affirmed a district court ruling that dismissed a suit for violation of the Fair and Accurate Credit Transaction Act of 2003 (FACTA) for lack of Article III standing. The...more

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