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Oct 02

Is This The End For FACTA Cases?

This post was co-authored by Erin A. Novak and John G. Papianou of Montgomery McCracken. Until last week, certain district courts in the Eleventh Circuit were the only place left for class action plaintiffs to pursue run-of-the-mill statutory damage claims for failure to properly truncate… Read More

Jul 17

Third Circuit Rules Single Unauthorized Call Actionable Under TCPA

In a precedential decision filed on July 10, 2017, the Third Circuit addressed consumer standing, after Spokeo, to bring a claim under the Telephone Consumer Protection Act. Reversing an order dismissing a TCPA claim for lack of subject-matter jurisdiction, the court ruled the claim could… Read More

Feb 02

When Is A Statutory Violation—Without More—Sufficient To Confer Standing

When the United States Supreme Court decided Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), a little over a year ago, many lawyers believed the court’s decision would settle a rather simple question: if a defendant violates a statute, is that sufficient for a… Read More

Dec 15

Seventh Circuit Tosses “No Injury” FACTA Claim After Spokeo

The Seventh Circuit has issued the first opinion of a federal court of appeals addressing, under Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), whether a plaintiff has standing to sue under the Fair and Accurate Credit Transactions Act, 15 U.S.C. § 1681 et… Read More

May 17

U.S. Supreme Court Rules Concrete Harm Is Required to Sue for Statutory Damages

For the second time in four years, the U.S. Supreme Court passed up an opportunity to decide what constitutes the concrete injury needed for standing when Congress authorizes individuals to sue for statutory damages for violation of a federal statute.  In Spokeo, Inc. v. Robins,… Read More