News & Analysis as of

Fair Credit Reporting Act (FCRA) Invasion of Privacy

Womble Bond Dickinson

Court Dismisses Lawsuit by Serial Litigant Against TCPA Litigator List

Womble Bond Dickinson on

With its potential for lucrative statutory damages, the TCPA attracts serial litigants like moths to a flame. In response, some businesses are trying to help callers avoid calling numbers associated with serial litigants by...more

Womble Bond Dickinson

Eighth Circuit examines impact of consent on injury in fact

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In Auer v. Trans Union, LLC, 902 F.3d 873 (8th Cir. 2018), the Eighth Circuit took a detour into common law and reminded us that a plaintiff who has consented to an alleged FCRA violation does not have standing to maintain a...more

Fisher Phillips

Are You Carefully Vetting Your Third Party Vendors? If Not, You May Be Buying Yourself a Breach of Privacy Claim  

Fisher Phillips on

Our client, we’ll call them Company X, provides installation, connection, upgrades and repairs for one of the country’s largest providers of residential and commercial television, telephone and Internet service. We’ll call...more

King & Spalding

District Court Grants Motion To Dismiss Because FCRA Plaintiff Failed To Allege Concrete Injuries

King & Spalding on

On March 1, 2017, the United States District Court for the District of Minnesota granted a motion to dismiss a lawsuit predicated on alleged violations of the Fair Credit Reporting Act (“FCRA” or the “Act”). If a person...more

Pierce Atwood LLP

Spokeo Should Not Fall on Deaf Ears in Privacy Class Actions

Pierce Atwood LLP on

On the May morning that the Supreme Court handed down its ruling in Spokeo, Inc. v. Robins, I was among those who read the case as a bellwether. The Spokeo appeal addressed a long-festering issue about whether Congress may...more

Robinson+Cole Data Privacy + Security Insider

Sixth Circuit: Substantial Risk of Harm and Mitigation Costs Sufficient to Confer Standing in Data Breach Case

On October 12, 2016, the U.S. Court of Appeals for the Sixth Circuit denied a petition for an en banc rehearing of its September 12 decision in Galaria, et al. v. Nationwide Mutual Insurance Company (Nos. 15-3386/3387). In...more

Burr & Forman

District Court Holds Professional Plaintiff Lacks Article III Standing to Bring TCPA Action Under Supreme Court’s Spokeo, Inc. v....

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Following the Supreme Court’s ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. May 16, 2016), it is clear that “Article III standing requires a concrete injury even in the context of a statutory violation,” such that a...more

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