News & Analysis as of

Class Action Retailers Article III

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Foley & Lardner LLP

Can a Voluntary Consumer Product Safety Commission Recall Short-Circuit Costly Class Action Litigation?

Foley & Lardner LLP on

Manufacturers should add “possible class action defense” to the list of considerations when evaluating whether to conduct a voluntary recall of a consumer product, particularly when class action litigation is threatened or...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

Akin Gump Strauss Hauer & Feld LLP

“Banana Republic Does Not Sell Bananas”: Court Dismisses ADA Gift Card Claims

- Retailers and restaurant chains are defending against mass litigation in the New York federal courts that challenges gift cards under the ADA and state and local laws. - Judge Woods in the Southern District of New York...more

Carlton Fields

Court Stays CBD Class Action Until FDA Rolls Out Regulation

Carlton Fields on

A class action lawsuit alleging that Green Roads of Florida LLC misrepresented the amount of CBD contained in various products has been stayed pursuant to the primary jurisdiction doctrine because the plaintiffs’ claims...more

Epstein Becker & Green

The Eastern District of New York Provides Businesses an Early Holiday Gift in Strictly Construing Standing Requirements in ADA...

Epstein Becker & Green on

For businesses growing weary of the seemingly perpetual wave of serial ADA claims (e.g., website accessibility; gift card accessibility), thanks to a recent decision issued by a federal judge in the U.S. District Court of the...more

Bilzin Sumberg

Will the Eleventh Circuit Fall in Line with its Sister Circuits in Interpreting Spokeo’s Standing Requirements in FACTA Cases?

Bilzin Sumberg on

If you are a typical shopper, the last thing on your mind at the checkout counter is your printed credit card receipt.  As you juggle your grocery store bags, you might absentmindedly fold the receipt into your wallet, or...more

ArentFox Schiff

Consumer Protection In The New Economy: Privacy Cases In E-Commerce Transactions or Social Media Activities

ArentFox Schiff on

As we face mounting data breaches and fears over loss of privacy, the article notes that, “as the public opinion evolves and increasingly concludes that merely possessing private data puts consumers at risk, consumers may...more

Ballard Spahr LLP

Court Ruling in Saks Data Breach Case Illustrates That Threshold for Article III Standing Is Low

Ballard Spahr LLP on

For years, plaintiffs in data breach class actions have argued that the threshold for Article III standing is low – and increasingly courts are accepting that argument....more

Proskauer - Advertising Law

Third Circuit Shreds Plaintiff’s Credit Card Receipt Case On Standing Grounds

The Third Circuit recently held that procedural violations of the Fair and Accurate Credit Transactions Act (“FACTA”), absent any showing of concrete harm, do not meet Article III standing requirements. Kamal v. J. Crew...more

Ballard Spahr LLP

Third Circuit: FACTA Class Plaintiff Lacked Concrete Injury Required for Standing Under Spokeo

Ballard Spahr LLP on

In a precedential opinion, the U.S. Court of Appeals for the Third Circuit concluded that because the named plaintiff in a class action complaint failed to allege a concrete injury...more

Bradley Arant Boult Cummings LLP

Third Circuit Reinforces That FACTA Class Actions Remain Ideal Targets for Spokeo Challenges

Almost one year ago, we wrote about the impact of Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016) on Fair and Accurate Credit Transaction Act (FACTA) class actions and offered practical pointers for defendants confronting...more

Carlton Fields

Fall Data Breach Roundup And 2018 Preview: Supreme Court, OPM, Equifax And More!

Carlton Fields on

As 2017 draws to a close, data breach class actions abound, while questions regarding what suffices for Article III standing in these cases remain—with litigants hoping the Supreme Court will soon weigh in....more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - March 2017

Retailers Prevail Over Pharmacy Customers in California Tax Suit - Retailers have won a victory in the realm of California taxation in McClain v. Sav-on Drugs (March 13, 2017) __ Cal.App.5th __ (Nos. B265011 &...more

Locke Lord LLP

Cautious Optimism for Online Retailers: NJ Federal Court Dismisses another TCCWNA Claim for Lack of Constitutional Standing

Locke Lord LLP on

A New Jersey federal judge dismissed a proposed class action against online retailer, J. Crew Group, Inc., alleging that the company’s website Terms and Conditions violated New Jersey’s Truth-in-Consumer Contract, Warranty,...more

Orrick, Herrington & Sutcliffe LLP

Keep Reading: Standing Affirmed, but Barnes & Noble Data Breach Class Action Halted

It was about time for data breach defendants to get a win. The District Court for the Northern District of Illinois delivered one to Barnes & Noble in its long-running class action that stems from a breach suffered in 2012....more

Goulston & Storrs PC

FACTA Check: Credit and Debit Receipts Can Show Injury-in-Fact

Goulston & Storrs PC on

In a series of recent decisions that have important implications for retailers, large and small, federal courts have allowed consumer class actions to proceed against businesses for violation of the Fair and Accurate Credit...more

McGuireWoods LLP

Neiman Marcus Seeks En Banc Review of Seventh Circuit’s Watershed Data Breach Class-Action Decision

McGuireWoods LLP on

Does a data breach of a retailer’s payment-card information automatically confer Article III standing on affected customers? Is the mere possibility that some criminal element may use pilfered information to commit future...more

Sheppard Mullin Richter & Hampton LLP

Barbarians at the Gate: Seventh Circuit Finds Article III Standing for Data Breach Class Actions

As a result of the Supreme Court’s decision in Clapper v. Amnesty Int’l USA, 133 S. Ct. 1138, 1147 (2013), data breach class actions were largely considered dead in the water. The overwhelming majority of courts, relying...more

Mintz - Privacy & Cybersecurity Viewpoints

Change in the Prevailing Winds in Consumer Data Breach Cases?

Seventh Circuit Rules Consumers Have Standing to Sue in Neiman Marcus Payment Card Data Breach Case - In Remijas v. Neiman Marcus Group, LLC, the Seventh Circuit reversed a district court decision dismissing consumer...more

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