On October 28, 2020, the Eleventh Circuit Court of Appeals issued a split (7-3) en banc decision applying Spokeo principles to a claim that a vendor issued a receipt that included more digits from the plaintiff’s credit card than allowed by federal law. The en banc court ruled that the plaintiff did not establish Article III standing. As I reported two years ago after the panel’s decision, the basic background is as follows. This class action lawsuit alleged ... Keep Reading »
Search Results for: standing
No Speaking? No Standing!
On November 15, the Eleventh Circuit decided Cordoba v. DirecTV, LLC, further exploring the issue of when class actions achieve Article III standing. The plaintiffs alleged that DirecTV and the company with which it contracted for telemarketing services, Telecel Marketing Solutions Inc., violated the FCC regulation that requires telemarketers to maintain an internal do not call list. The class consisted of people who allegedly were repeatedly contacted despite informing ... Keep Reading »
Two Days in October Result in Two Different Rulings by District Court Judges in the Southern District of Florida Regarding Standing to Seek Injunctive Relief on Behalf of a Class
Federal district courts in Florida continue to be at odds over whether a class plaintiff who claims to have suffered a past injury based on a defendant’s violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) can pursue a claim for injunctive and declaratory relief in the absence of an allegation that the particular plaintiff is likely to suffer future injury or had suffered a past injury that is not redressable by a monetary award. Two decisions ... Keep Reading »
Life May Not Be Fair, But Arizona Cannot Find Out Without Standing
The Sixth Circuit recently held that Arizona lacked standing to intervene in, and object to, a nationwide class settlement at the settlement fairness hearing. The underlying case involved Tristar Products' defective pressure cookers. The district court had certified three state classes for trial - Ohio, Pennsylvania, and Colorado - but after the first day of trial, the parties entered into a nationwide class settlement. The settlement allowed class members to receive a ... Keep Reading »
Chaos in Gaos: Supreme Court Avoids Cy Pres Ruling and Remands Google Settlement for Standing Analysis
On March 20, 2019, the U.S. Supreme Court issued a per curiam opinion vacating the decision of the Ninth Circuit in Frank v. Gaos. The Court granted certiorari to evaluate a cy pres settlement in a class action. The district court approved a settlement fund granting $8.5 million in monetary relief in a suit brought by plaintiffs alleging that Google’s privacy practices violated the Stored Communications Act. The class included tens of millions of Google users. Because ... Keep Reading »
No Standing, No Settlement?
In a recent decision, the Eighth Circuit weighed in on the requirement that federal courts assess Article III standing before approving a settlement agreement. In the case at issue, plaintiff filed a putative class action for purported violations of the Fair Credit Reporting Act (“FCRA”) against a data company in state court. Defendant removed to the District Court for the Western District of Missouri. Shortly after the parties reached a tentative settlement ... Keep Reading »
Fourth Circuit Holds Plaintiffs Who Allege Identity Theft Have Standing to Sue Post-Data Breach, But What Does it Mean For Certification?
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. Plaintiffs must do more. But how much more? The Fourth Circuit’s latest holding clarifies that plaintiffs who allege that credit cards have been fraudulently applied for – and in some cases issued – using their nonpublic personal information satisfy Article III’s requirements. Optometrists ... Keep Reading »
Plumbers Overcome Spokeo-Based Standing Blockage in Putative TCPA Class Action
The Northern District of Illinois cleared the way for a plumbing company’s putative TCPA class action against Allstate Insurance Company and Oh Insurance Agency by denying defendants’ motions to dismiss, which were inspired by the Supreme Court’s Spokeo v. Robins decision. The plumbing company alleged that the insurance companies committed TCPA violations when they placed two phone calls to it: one went to voicemail and another was answered by a company employee. The ... Keep Reading »
Supreme Court Declines Review of Standing in Data Breach Class Actions
Counsel hoping for Supreme Court guidance on standing issues dividing the circuit courts will have to wait a bit longer. On February 20, the Court denied a petition for writ of certiorari in Attias v. CareFirst to resolve a circuit split over whether allegations of fear of future identity theft in the wake of a data breach satisfy the standing requirements of Article III of the United States Constitution. In the absence of Supreme Court guidance on this issue, we ... Keep Reading »
Supreme Court Says No More Spokeo: Portents for Other Standing Cases?
Earlier this week, the Supreme Court denied a petition for writ of certiorari in Spokeo II. As we previously reported, Spokeo II asked the Court to determine, in light of conflicting circuit court decisions, whether intangible harm to a statutorily-protected interest constitutes injury in fact even when a plaintiff cannot allege “real-world” harm or the imminent risk thereof. Does the denial indicate a reluctance to weigh in on thorny standing issues – or simply a ... Keep Reading »
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