On October 24, 2024, in a long-awaited decision in Vita v. New England Baptist Hospital, Massachusetts’ highest court snuffed out an attempt to use the state’s 1968 Wiretap Act to impose liability on a hospital system for its...more
Nearly every website has some means of tracking user data to fix bugs and improve the user experience. The plaintiffs’ bar has been actively filing class actions alleging many of these technologies illegally collect user...more
On October 18, 2022, in Popa v. Harriet Carter Gifts Inc. et al., Case Number 21-2203, the Third Circuit denied rehearing on its ruling that allows a class action alleging wiretapping claims based on the use of session replay...more
“An injury in law is not an injury in fact.” Our Litigation Group explores how the U.S. Supreme Court ruled that despite whatever Congress may say, a concrete harm is essential to establishing an injury in fact for Article...more
7/6/2021
/ 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
The FDCPA isn’t always as simple as ABC. Our Litigation Group examines the Eleventh Circuit’s recent ruling relating to when disclosure of sensitive information can create standing even when it doesn’t create tangible harm or...more
In what appears to be a growing trend, another federal district court has dismissed a data breach case for lack of standing. In Springmeyer et al. v. Marriott International, Inc., 2021 WL 809894 (D. Md.), Plaintiffs, former...more
As part of a growing trend, the Eleventh Circuit recently held that an alleged risk of future identity theft does not establish standing where the plaintiff does not allege any information has actually been misused. Tsao v....more
The Supreme Court has issued its much anticipated opinion in Spokeo Inc. v. Robins, No. 13-1339, 578 U.S. ___ (2016). The Supreme Court granted certiarori in Spokeo to determine whether a bare violation of a statute – the...more