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The Third Time Is the Charm: The Eleventh Circuit Allows Creditor's Use of Commercial Mail Vendor

On 8 September 2022, sitting en banc, the Eleventh Circuit held that a debt collector’s communication of a customer’s information to the debt collector’s private, third-party commercial mail vendor was not actionable under...more

"No Concrete Harm, No Standing:" U.S. Supreme Court's Decision Solidifies Standing Requirements for Fair Credit Reporting Act...

On 25 June 2021, the U.S. Supreme Court issued its decision in TransUnion LLC v. Ramirez, clarifying the nature of the harm sufficient to establish Article III standing to maintain a Fair Credit Reporting Act (FCRA) claim....more

Follow the Leader: The Sixth Circuit Applies Spokeo, Ruling That Certain Statutory Violations May, Without More, Establish Article...

A panel of the Sixth Circuit recently concluded that a certain alleged violation of the Fair Debt Collection Practices Act (“FDCPA”) by itself constitutes a concrete injury-in-fact establishing Article III standing. ...more

Ninth Circuit Ruling Rejects FACTA Suit under Spokeo, Avoiding Circuit Split

The Ninth Circuit recently held in Bassett v. ABM Parking Services, Inc. that a plaintiff cannot establish Article III standing to maintain a Fair and Accurate Credit Transactions Act (“FACTA”) claim merely by pleading that...more

Standing to Sue under the Fair and Accurate Credit Transactions Act after Spokeo

After paying for groceries with a credit card or debit card, the clerk hands the receipt to the customer. In addition to the last four digits of the card number, it contains the first digit. Or perhaps it contains the first...more

Spokeo Redux: Ninth Circuit Holds That a Statutory Violation under FCRA May, without More, Establish a Concrete Injury for...

The Ninth Circuit has opined, again, on whether a statutory violation of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681, et seq.-–-by itself––constitutes a concrete injury for Article III standing purposes. Last...more

Third Circuit Moves Toward a Broader View of Standing in FCRA Data-Breach Class Action

Recently, the Third Circuit widened the gates for certain data-breach plaintiffs, holding that alleged violations of the Fair Credit Reporting Act (“FCRA”) constitute injuries-in-fact sufficient for Article III standing. In...more

Spokeo, Inc. v. Robins: U.S. Supreme Court to Consider Whether Plaintiffs Have Standing to Assert a Statutory Violation without...

The United States Supreme Court has granted certiorari to decide whether a statutory violation alone, unaccompanied by any actual harm to the plaintiff, is sufficient to establish Article III standing. See Spokeo, Inc. v....more

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