A unanimous panel of the U.S. Court of Appeals for the Sixth Circuit has ruled that a plaintiff who received only one ringless voicemail (RVM) had alleged a concrete injury sufficient to provide Article III standing to assert...more
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
In a 5-4 decision, the U.S. Supreme Court ruled last week in TransUnion, LLC. v. Ramirez that only class members who were concretely harmed by TransUnion’s FCRA violation had Article III standing to seek damages....more
6/30/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
In Salcedo v. Hanna, the U.S. Court of Appeals for the 11th Circuit held that a TCPA plaintiff lacked standing to pursue a claim based on the alleged receipt of a single, unsolicited text message....more
9/9/2019
/ Article III ,
Chattel ,
Conversion ,
Injury-in-Fact ,
Invasion of Privacy ,
Nuisance ,
Spokeo v Robins ,
Standing ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
The U.S. Court of Appeals for the Eighth Circuit found that unwanted, prerecorded phone messages to consumers, even without any other alleged harm, met the injury-in-fact requirement for Article III standing to bring a...more
7/24/2019
/ Article III ,
Due Process ,
Financial Services Industry ,
Injury-in-Fact ,
Prior Express Consent ,
Putative Class Actions ,
Reduction of Damages ,
Standing ,
Statutory Damages ,
TCPA ,
Telemarketing
The recent decision of the U.S. Court of Appeals for the Fourth Circuit affirming the district court's judgment imposing more than $61 million in damages against Dish Network for its vendor's violations of the Telephone...more
6/11/2019
/ Appeals ,
Article III ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Damages ,
Dish Network ,
Do Not Call List ,
Standing ,
TCPA ,
Telemarketing ,
Third-Party Service Provider ,
Treble Damages ,
Willful Violations
Joining similar decisions from the U.S. Courts of Appeals for the Third and Ninth Circuits, the Second Circuit held in Melito v. Experian Marketing Solutions, Inc., that the receipt of unwanted text messages, even without any...more
A plaintiff did not have Article III standing to assert claims under the Telephone Consumer Protection Act (TCPA) for alleged autodialed calls made to her without her consent, a California federal district court recently...more
9/7/2016
/ Article III ,
ATDS ,
Auto-Dialed Calls ,
Banking Sector ,
Consumer Lenders ,
Debt Collection ,
Debt Collectors ,
Invasion of Privacy ,
Prior Express Consent ,
Robocalling ,
Spokeo v Robins ,
Standing ,
TCPA
A plaintiff did not have Article III standing to assert claims under the Telephone Consumer Protection Act (TCPA) for alleged autodialed calls made to her without her consent, a California federal district court recently...more
8/22/2016
/ Article III ,
Auto-Dialed Calls ,
Banking Sector ,
Corporate Counsel ,
Debt Collection ,
Dismissals ,
Injury-in-Fact ,
Popular ,
Prior Express Consent ,
Robocalling ,
Standing ,
TCPA
The U.S. Supreme Court has ruled that an unaccepted Rule 68 settlement offer does not moot a class action even when the offer would provide the named plaintiff with complete individual relief. The decision in Campbell-Ewald...more
A federal judge in Pennsylvania has allowed a data breach class action against Coca-Cola and several bottling companies to proceed, finding that the plaintiff has Article III standing even though he had left Coca-Cola’s...more
10/7/2015
/ Article III ,
Civil Conspiracy ,
Clapper v. Amnesty International ,
Class Action ,
Coca Cola ,
Data Breach ,
Fraudulent Charges ,
Identity Theft ,
Injury-in-Fact ,
Misrepresentation ,
Motion to Dismiss ,
Personally Identifiable Information ,
Standing
Phone calls made to promote a movie constituted “telemarketing” under the Telephone Consumer Protection Act (TCPA) even though the two prerecorded messages left on the plaintiffs’ home phone line made no reference to the...more
7/30/2015
/ Article III ,
Class Action ,
Corporate Counsel ,
Do Not Call List ,
Popular ,
Putative Class Actions ,
Robocalling ,
SCOTUS ,
Spokeo ,
Spokeo v Robins ,
Standing ,
TCPA ,
Telemarketing
An increase in data breach class actions could be the result of a recent decision of the Seventh Circuit holding that allegations of future harm stemming from a data breach can establish Article III standing. The majority of...more
7/29/2015
/ Adobe ,
Article III ,
Class Action ,
Credit Cards ,
Cyber Attacks ,
Cyber Crimes ,
Data Breach ,
Hackers ,
Identity Theft ,
Invasion of Privacy ,
Negligence ,
Neiman Marcus ,
Standing