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District Court Dismisses FACTA Complaint Because Plaintiff Fails To Allege An Injury-In-Fact

On November 3, 2017, the U.S. District Court for the Southern District of New York dismissed a Fair and Accurate Credit Transaction Act (“FACTA”) complaint in Fullwood v. Wolfgang’s Steakhouse because the plaintiff failed to...more

Procedural FACTA Violation Failed To Satisfy Article III’s Standing Requirement

In Stelmachers v. Verifone, the United States District Court for the Northern District of California dismissed a Fair and Accurate Credit Transaction Act (“FACTA”) complaint because the plaintiff failed to satisfy Article...more

Eighth Circuit Affirms Dismissal Of Data Breach Lawsuit, Despite Plaintiff Having Standing

On August 21, 2017, the U.S. Court of Appeals for the Eighth Circuit concluded, in Kuhns v. Scottrade, Inc. , No. 16-3426, 2017 WL 3584046, at *1 (8th Cir. Aug. 21, 2017), that although a data breach plaintiff had Article III...more

Alleged FCRA “Informational Injury” Survives Motion To Dismiss

On June 16, 2017, the U.S. District Court for the District of New Jersey—in Muir v. Early Warning, 2:16-cv-00521(SRC)(CLW), 2017 WL 2616890, at *1 (D.N.J. June 16, 2017)—denied a motion to dismiss that argued that a...more

District Court Grants Motion To Dismiss Because FCRA Plaintiff Failed To Allege Concrete Injuries

On March 1, 2017, the United States District Court for the District of Minnesota granted a motion to dismiss a lawsuit predicated on alleged violations of the Fair Credit Reporting Act (“FCRA” or the “Act”). If a person...more

District Court Rules That Statutory Violation Without Actual Damages Counts As Injury In Fact For Article III Standing

On February 15, 2017, the United States District Court for the Eastern District of Michigan denied Time Inc.’s (“Time”) motion to dismiss a lawsuit predicated on Michigan’s Video Rental Privacy Act (the “Act”). According to...more

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