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A U.S. District Court in the Eastern District of Missouri recently granted a defendant’s summary judgment motion in a Fair Debt Collection Practices Act (FDCPA) case, holding that the plaintiff lacked standing because she did...more
A new Fourth Circuit decision has thrown out of federal court a state-law privacy claim where the plaintiff alleged only a bare statutory violation without alleging “a nonspeculative, increased risk of identity theft,”...more
On December 22, the U.S. District Court for the District of New Jersey dismissed putative class claims brought against a health insurance company, following a 2013 data breach incident. In In re Horizon Healthcare Servs. Data...more
[co-author: David Anthony] In 2020, the appellate courts had numerous opportunities to weigh in on many unanswered questions that remain in litigation after over 50 years since the statute was first enacted. The case law...more
In the years following the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1549 (2016) — which held that “bare procedural violation[s], divorced from any concrete harm, [do not] satisfy the injury-in-fact...more
The United States Supreme Court has again granted a petition to examine standing in the context of class actions, specifically whether Article III of the Constitution permits members of a certified class to recover money...more
Synopsis: Last month, the Ninth Circuit issued an opinion, affirming broad Article III standing and holding that, for permissible-purpose claims, a consumer-plaintiff need allege only that his/her credit report was obtained...more
Real Property Update - Public Official Standing Doctrine: county school district that benefited from ad valorem taxes charged by county could not challenge constitutionality of statutory tax exemption claimed by homeowners...more
The United States District Court for the Northern District of Illinois has recently issued several decisions unfavorable to debt collectors, including McMahon v. LVNV Funding, LLC, 12 C 1410, 2018 WL 1316736 (N.D. Ill. Mar....more
Last week, the Third Circuit held that allegations of the unauthorized disclosure of personal information in violation of the Fair Credit Reporting Act (FCRA) constituted a de facto injury sufficient to confer standing at the...more
In a much-anticipated decision, the United States Supreme Court ruled on Monday in Spokeo, Inc. v. Robins, No. 13-1339, 2016 WL 2842447 (May 16, 2016), that a consumer cannot bring a lawsuit in federal court based only on a...more
This morning the U.S. Supreme Court heard oral arguments in Spokeo, Inc. v. Robins, No. 13-1339. As our loyal blog readers know, this is a case that corporate counsel need to follow closely in light of the stakes for the...more