We have previously reported on the evolving circuit split over standing in data breach class actions. On August 1st, a three judge panel for the District of Columbia Circuit became the latest to weigh in on the issue. In Attias v. CareFirst, the DC Circuit panel joined the Sixth, Seventh, and Ninth Circuits in finding that fear of future identity theft in the wake of a data breach satisfied the injury in fact requirement for standing under Article III of the United ... Keep Reading »
Privacy & Technology Class Action Articles
The latest class action developments and trends in the privacy and technology industry, including news, key cases, and strategies.
Class Action and Regulatory Settlements Reflect the Rising Cost of Data Breaches
As the number of data breaches continues to increase, so too do the costs. After a breach occurs, companies typically expend significant sums conducting investigations, notifying customers and regulators, and engaging in public relations. They incur additional expenses enhancing security and providing identity protection services to victims. And then, of course, there are legal fees, involving both litigation and compliance, which can add up to more than half the total ... Keep Reading »
Lease-Termination Fee Class Fails Third Circuit Ascertainability Requirement
Using the Third Circuit’s comparatively robust ascertainability standard, the United States District Court for the Eastern District of Pennsylvania recently denied certification of a class of tenants allegedly charged an improper lease-termination fee and subjected to collections calls in violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. In its order, the district court explained that under the Third Circuit’s ascertainability precedent, ... Keep Reading »
Lone Objector’s Class-Conflict Arguments Miss the Target
In 2015, Target settled a class action stemming from a massive data breach of its customers’ sensitive information. According to the settlement terms, Target agreed to pay $10 million to those affected. The Minnesota district court originally granted approval over the class and the settlement. However a lone objector filed an appeal, and the Eighth Circuit granted a limited remand because it was not satisfied the district court had conducted a “rigorous analysis” of the ... Keep Reading »
2017 Carlton Fields Class Action Survey Highlights
Carlton Fields recently released its sixth annual Class Action Survey, which is based on detailed interviews with general counsel and senior legal officers at 373 companies operating in more than 25 industries. Those individuals shared their thoughts and best practices on class action exposure and management. Highlights from this year’s survey include data on the types of class actions companies faced in 2016 and the likely next wave of class action. Class-Actions By ... Keep Reading »
Adequacy is Adequate: DC District Court Certifies Pacer Fee Class
The United States District Court for the District of Columbia certified a class of all individuals and entities who paid fees to obtain court records though the Public Access to Court Electronic Records (PACER) system. The proposed class representatives, three nonprofit legal advocacy organizations, overcame the government’s primary challenge to class certification, which was that they were not adequate class representatives. The National Veterans Legal Services ... Keep Reading »
No Love For Proposed Consumer Class Settlements
Two consumer class actions recently hit a roadblock when courts denied final approval for class settlements. In In re Target Consumer Data Security Breach, the U.S. District Court for the District of Minnesota preliminarily certified a settlement class in early 2015 and approved the parties’ agreement calling for a $10 million settlement fund to be distributed to the class. Subsequently, after overruling objections, including a challenge to the adequacy of the class ... Keep Reading »
Ascertainability and Predominance Foil Certification of Spyware Invasion of Privacy Class
A Georgia district court denied certification of a multi-state common law invasion of privacy class in which plaintiff sought damages and an injunction against the lessor of computers allegedly containing unauthorized spyware. The court held that the class members could not be ascertained in an objective and administratively feasible manner. The court also held that common issues did not predominate over individual issues with regard to numerous variations in applicable ... Keep Reading »
TCPA Class Certified Based Largely on “Concrete Injury” Determination
Following the United States Supreme Court’s decision in Spokeo Inc. v. Robins, 136 S. Ct. 1540, 1549 (2016) – which held that Article III standing requires a concrete injury, even when an injury has otherwise been established for statutory purposes – there has been a debate as to what constitutes Article III “concrete injury” under the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227. With certain exceptions, the TCPA creates a statutory cause of ... Keep Reading »
Ninth Circuit Denies Rehearing En Banc, Requires Ex-Uber Drivers to Arbitrate Claims Individually
The Ninth Circuit denied rehearing en banc of its September order holding that the district court erred in deciding whether two drivers who sued Uber Technologies, Inc. (“Uber”) on behalf of themselves and a putative class over the use of background checks must arbitrate their claims individually. The consolidated cases concerned both 2013 and 2014 versions of agreements Uber drivers were required to sign. The agreements included mandatory arbitration clauses, and class ... Keep Reading »
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