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Mar 12

Third Circuit Joins Majority of Circuits in Holding that Simply Receiving a Receipt that Shows Too Many Credit Card Digits Does Not Confer Article III Standing to Sue Under FACTA

On March 8, 2019, the Third Circuit became the third federal court of appeals to hold that a shopper alleging he or she received a receipt displaying too many digits of a credit card number—in violation of the Fair and Accurate Credit Transactions Act’s ban… Read More

Jan 29

Supreme Court: FAA Does Not Apply to Arbitration Agreements with Interstate or Foreign Transportation Workers

On January 8, the Supreme Court handed down its second unanimous opinion on arbitration in as many weeks, New Prime Inc. v. Oliveira, 586 U.S. ___ (Jan. 15, 2019). The first opinion, Schein (as discussed here) requires courts to interpret delegation clauses strictly and enforce… Read More

Jan 14

Supreme Court Finds “Wholly Groundless” Exception in Arbitrability Disputes to be Wholly Groundless

In Justice Brett Kavanaugh’s first opinion, Henry Schein, Inc. v. Archer and White Sales, Inc., 586 U.S. ___ (Jan. 8, 2019), the Supreme Court rejected the “wholly groundless” exception to the enforcement of certain arbitration delegation clauses. The opinion provides the Court’s most recent reminder… Read More

Oct 09

Eleventh Circuit Finds Standing in a FACTA Case but Maintains its Decision Does Not Create a Circuit Split

On Wednesday of last week, the Eleventh Circuit did what no other post-Spokeo federal court of appeals has done.  It held that a plaintiff alleging a willful violation of the Fair and Accurate Credit Transactions Act (“FACTA”) based on being given a receipt that showed… Read More

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Sep 14

Third Circuit Finds Plaintiffs Have Standing to Sue SEPTA for Only One of Two Claimed Violations of the Fair Credit Reporting Act

Earlier this week, the Third Circuit issued its decision in Long v. SEPTA, No. 17-1889, 2018 WL 4290046 (3d Cir. Sept. 10, 2018)—another in a series of decisions from that court on Article III standing in cases where plaintiffs allege that a defendant’s violation of… Read More

Mar 26

Ninth Circuit Restricts Vicarious Liability in TCPA Class Action

In Kristensen v. Credit Payment Services Inc., the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s summary judgment that lenders and marketers who did not ratify the actions of a third-party publisher were not vicariously liable under the Telephone Consumer Protection… Read More

Jan 31

Ninth Circuit Raises the Bar for Settling Nationwide Consumer-Protection Class Actions

In an opinion that could make certification of nationwide class action settlements considerably more difficult, a divided panel of the Ninth Circuit has ruled that when deciding whether to certify a multistate settlement class, the district court must consider whether differences in state laws cause… Read More

Jan 10

Pre-Adverse Action Fair Credit Reporting Act Claim in Class Action Dismissed for Lack of Standing

After four years of litigation, Judge Jan DuBois of the U.S. District Court for the Eastern District of Pennsylvania dismissed an FCRA claim in a class action for lack of standing.  Moore v. Rite Aid Hdqtrs Corp. d/b/a Rite Aid Corporation, 2017 WL 6525796 (E.D.… Read More

Dec 05

The Fight Begins Over FACTA Standing in State Courts

This post was co-authored by John G. Papianou and Erin A. Novak of Montgomery McCracken. Since the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), FACTA plaintiffs have had a difficult time convincing federal courts that they’ve suffered a concrete harm.  Spokeo held… Read More

Nov 08

Accuracy Is Still Your Best Defense in California FCRA Matters

Last month, consumer reporting agency Experian Information Solutions, Inc. beat a Fair Credit Reporting Act 15 U.S.C. §§ 1681 et seq. (“FCRA”) class action on summary judgment – no small feat in the Ninth Circuit.  In Reyes v. Experian Information Solutions, Inc., Judge Guilford from… Read More