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Spokeo v Robins Class Action

Troutman Pepper

Recent Trends in Class-Action Consumer Finance Litigation - The Consumer Finance Podcast

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Please join Consumer Financial Services Partner Chris Willis and his guests and colleagues Dave Gettings and Mary Kate Kamka as they discuss recent trends in class-action consumer finance litigation, including: -The...more

Ballard Spahr LLP

Eighth Circuit finds that class-action FCRA plaintiff lacks Article III standing under Spokeo

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The Eighth Circuit reiterated in a decision last month that trial courts must distinguish between FCRA plaintiffs who have suffered concrete harm and plaintiffs who merely seek to collect statutorily allowed damages as a way...more

Burr & Forman

Eighth Circuit Dismisses FCRA Class Action Due to Lack of Standing

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Following the Supreme Court’s decision in Spokeo, Inc. v. Robins, 578 U.S. 330 (2016), federal courts have continued to examine what is an injury in fact under the Fair Credit Reporting Act (“FCRA”). On April 4, 2022, the...more

Morrison & Foerster LLP - Class Dismissed

HIGH COURT ORDERS RETHINK OF $9.7M AWARD AFTER TRANSUNION

The Supreme Court on Monday signaled to the lower courts that they need to seriously consider the impact of TransUnion LLC v. Ramirez, 594 U.S. ___ (2021) when addressing claims for statutory violations that do not result in...more

Goodwin

Supreme Court Reinforces Limits on Federal Court Standing, But Important Questions Remain

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On June 25, 2021, the U.S. Supreme Court decided TransUnion LLC v. Ramirez, revisiting some of the Article III standing principles it had set forth in Spokeo, Inc. v. Robins, 578 U.S. 330 (2016), and addressing their...more

King & Spalding

U.S. Supreme Court Issues Pivotal Article III Standing Opinion, Reversing $40 Million Judgment in FCRA Class Action

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On June 25, 2021, the Supreme Court issued a decision in TransUnion LLC v. Ramirez, a highly anticipated appeal that we previously covered in our March and December issues last year. In a 5–4 opinion, the Supreme Court...more

Butler Snow LLP

SCOTUS reaffirms standing requires “a harm traditionally recognized as providing a basis for a lawsuit in American courts,”...

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Recently, we have written about the “entrepreneurial model” of lawyer-driven class actions and how a case’s entrepreneurial features can give rise to various defenses, including lack of standing. As we’ve explained, where...more

Harris Beach PLLC

TransUnion LLC v. Ramirez: “Concrete Harm” Requirement Clarified in Consumer Class Actions

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On June 25, 2021, the United States Supreme Court issued its decision in TransUnion v. Ramirez, holding that consumer class action claims under the Fair Credit Reporting Act (FCRA) must allege the actual spread of misleading...more

Kramer Levin Naftalis & Frankel LLP

US Supreme Court Clarifies Injury-in-Fact Plaintiffs Must Show To Have Standing To Assert Statutory Privacy Rights in Federal...

On June 25, the U.S. Supreme Court handed down a 5-4 decision in TransUnion v. Ramirez that clarified the injury-in-fact plaintiffs must show to have standing to assert statutory privacy rights in federal court. This follows...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Addresses Class Action Standing in Ramirez Case: Requires “Concrete” Injury for Article III Standing for Class...

The Supreme Court further limited consumer lawsuits in TransUnion, LLC v. Ramirez, siding with credit reporting agency TransUnion in a 5-4 decision holding that thousands of consumers improperly flagged as potential...more

Butler Snow LLP

Learning from the Past to Combat the “Entrepreneurial Model” of Class Actions

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The meteoric rise in class actions over the past decade has been well-documented. Nowadays even mac & cheese is under attack, with two proposed nationwide class actions filed this month alone claiming labels such as “The...more

Lowenstein Sandler LLP

Supreme Court To Weigh Threshold for Article III ‘Injury’ in Class Claims for Statutory Damages

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The U.S. Supreme Court will hear arguments on March 30, 2021, in a case that will help clarify when an intangible, nonmonetary injury is sufficiently “concrete and particularized” to give rise to Article III standing. The...more

Locke Lord LLP

Standing on Thin Ice? New Guidance on Standing for Data Breach Claims

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Who has standing to bring claims for alleged statutory violations of privacy and cybersecurity statutes? There is no easy answer to this question. In Spokeo, Inc. v. Robins, the Supreme Court explained that just because a...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – January 2021

The Need for Compensable Damage to Prove Standing - The United States Supreme Court has issued a decision in Spokeo v. Robbins. In this Fair Credit Reporting Act (FCRA) case, the Supreme Court considered whether Congress...more

Foley & Lardner LLP

Article III Standing in FDCPA Class Actions: The Seventh Circuit Issues a Series of Decisions

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On Monday and Tuesday of this week, the United States Court of Appeals for the Seventh Circuit issued a series of decisions addressing the Article III standing of consumer plaintiffs alleging violations of the Fair Debt...more

Ballard Spahr LLP

SCOTUS agrees to review FCRA class action judgment where most class members suffered no actual injury

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The Supreme Court has granted certiorari to review a $40 million class action trial judgment for statutory and punitive damages under the Fair Credit Reporting Act, and its forthcoming decision later this Term will likely be...more

Foley & Lardner LLP

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

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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

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

Knobbe Martens

Data Breach: No Injury-in-Fact, Case Dismissed

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It well known that there are, unfortunately, many data breaches that frequently put private citizens’ data privacy in jeopardy. States have passed a variety of statutes aimed at addressing this problem in an attempt to...more

Kilpatrick

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

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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

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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...

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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

Troutman Pepper

Pennsylvania Federal Court Finds Lack of Article III Standing in Purely Procedural FCRA Violation and Dismisses Putative Class

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On July 27, 2020, the Eastern District of Pennsylvania confirmed that a plaintiff lacks Article III standing to state a claim for violation of the Fair Credit Reporting Act (“FCRA”) premised solely on the failure to receive a...more

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