AGG Talks: Background Screening - A Refresher on Responding to Consumer File Requests under Section 609 of the FCRA
#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
Podcast: Texas v. United States of America
In the precedential decision of Intellectual Tech LLC v. Zebra Techs. Corp., the U.S. Court of Appeals for the Federal Circuit reversed a ruling from the U.S. District Court for the Western District of Texas that dismissed a...more
In Plutzer v. Bankers Trust, the U.S. Court of Appeals for the Second Circuit affirmed dismissal by the U.S. District Court for the Southern District of New York de novo; and emphasized that a plaintiff must allege concrete,...more
Widening a split among courts that have considered the issue, a North Carolina district court held that a violation of the Do Not Call (DNC) regulations of the Federal Communications Commission (FCC) triggered liability under...more
A federal appeals court recently addressed whether employees had standing to bring a lawsuit when their personally identifiable information (PII) was inadvertently circulated to other employees at the company, with no...more
Finding that a defendant failed to carry the burden to establish federal subject matter jurisdiction as the removing party, a U.S. district court in Florida granted a Telephone Consumer Protection Act (TCPA) plaintiff’s...more
The Southern District of Florida recently dismissed a TCPA claim sua sponte for lack of subject matter jurisdiction, finding that the plaintiff had not alleged a concrete injury-in-fact. See Perez v. Golden Trust Insurance,...more
Challenges based on lack of standing can be brought at any time and, in Friends of the Earth v. Sanderson Farms, Inc., 2019 U.S. Dist. LEXIS 127964 (N.D. Cal. July 31, 2019), the court dismissed a putative class action for...more
The New York Department of Financial Services has filed a memorandum of law opposing the OCC’s motion to dismiss the NYDFS’s second lawsuit seeking to block the OCC’s issuance of special purpose national bank (SPNB) charters...more
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
Google emerged victorious in Rivera v. Google on December 29, 2018, obtaining a win in the long-running privacy class action involving technology that allows users of the Google Photos service to organize their photos by...more
The Fourth Circuit’s 2017 decision in Beck v. McDonald held that the mere fear of identity theft in the wake of a data breach was insufficient to confer Article III standing. ...more
The U.S. Court of Appeals for the Fourth Circuit has found that allegations that fraudsters used the personal information of data breach victims are sufficient to establish standing even without any fraudulent charges...more
A recent Seventh Circuit decision should give class action defendants pause before asserting Article III standing challenges. In Collier v. SP Plus Corporation, 889 F.3d 894 (2018), both parties readily acknowledged that the...more
On May 14, 2018, the Seventh Circuit Court of Appeals issued a significant jurisdictional decision that further limits defendants’ use of Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016). In Collier v. SP Plus Corp., No....more
Spokeo v. Robins – which confirmed that a plaintiff’s allegation of a defendant’s statutory violation without accompanying concrete harm fails to satisfy Article III’s “case or controversy” requirement – has brought the issue...more
A United States District Court (Northern District Oklahoma) addressed in a March 21st opinion procedural issues associated with a Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Krause v. General...more
Seyfarth Synopsis: In light of the uncertainties surrounding lawsuits alleging violations of the Illinois Information Biometric Privacy Act (“BIPA”), the Northern District of California has taken a firm position on a...more
We’ve already written about Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), in which the Supreme Court reaffirmed that all federal plaintiffs, even those alleging a statutory violation, must have suffered a real, concrete...more
The U.S. District Court for the Central District of California recently dismissed a putative class action alleging violations of the Fair Credit Reporting Act (“FCRA”), finding that the named plaintiff lacked standing to...more
The U.S. Court of Appeals for the Fourth Circuit issued a unanimous opinion in Beck v. McDonaldon February 6, 2017, clarifying the standard for Article III standing and what constitutes sufficient injury-in-fact in putative...more
A district court out of Missouri has served up a reminder as to the limitations of a motion to dismiss based upon subject matter jurisdiction. In May v. Consumer Adjustment Co., the consumer filed an FDCPA complaint is state...more
We don’t see a lot of data breach litigation here in the Fourth Circuit. So it is notable that the Fourth Circuit Court of Appeals issued an opinion yesterday that weighs in on the standing debate (For more on the debate:...more
In Yershov v. Gannett Satellite Information Network, Inc., a user of the free USA Today app alleged that each time he viewed a video clip, the app transmitted his mobile Android ID, GPS coordinates and identification of the...more
On July 21, 2015, a federal judge granted AXA Equitable Life Insurance Company’s motion to dismiss claims brought against it by insureds who alleged that AXA violated New York law by engaging in various “shadow insurance”...more