The United States Supreme Court has again granted a petition to examine standing in the context of class actions, specifically whether Article III of the Constitution permits members of a certified class to recover money...more
Synopsis: Last month, the Ninth Circuit issued an opinion, affirming broad Article III standing and holding that, for permissible-purpose claims, a consumer-plaintiff need allege only that his/her credit report was obtained...more
11/20/2019
/ Article III ,
Consumer Reporting Agencies ,
Credit Reports ,
Criminal Background Checks ,
Experian ,
Fair Credit Reporting Act (FCRA) ,
Financial Institutions ,
Injury-in-Fact ,
Liability ,
Motion to Dismiss ,
Regulatory Violations ,
Risk Management ,
Spokeo v Robins ,
Standing ,
Third-Party
Seyfarth Synopsis: On May 30, 2019, the Fourth Circuit issued an opinion in Krakauer v. Dish Network, L.L.C., No. 18-1518 (4th Cir. May 30, 2019), that paved the way for TCPA plaintiffs to collect historic awards from...more
6/4/2019
/ Article III ,
Class Action ,
Class Certification ,
Class Members ,
Dish Network ,
Do Not Call List ,
Invasion of Privacy ,
Settlement ,
Standing ,
TCPA ,
Telemarketing
On January 8, 2019, Judge Grasz, writing for an Eighth Circuit panel, reiterated the need for district courts to determine Article III standing before approving class settlements....more
Seyfarth Synopsis: On November 6, 2018, the United States Supreme Court signalled that the Article III standing preconditions to federal court litigation, as described in Spokeo, Inc. v. Robins, 136 S .Ct. 1540 (2016), are...more
2/6/2019
/ Article III ,
Class Action ,
Cy Pres Funds ,
Damages ,
Data Collection ,
Google ,
Search Engines ,
Search Terms ,
Standing ,
Statutory Violations ,
Stored Communications Act
Seyfarth Synopsis: The Illinois Supreme Court has held that a plaintiff may sue for mere violation of BIPA, regardless of injury. ...more
1/29/2019
/ Amusement Parks ,
Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
Data Privacy ,
Fingerprints ,
IL Supreme Court ,
Injury-in-Fact ,
Liquidated Damages ,
Personal Data ,
Personally Identifiable Information ,
Standing ,
Statutory Violations
Seyfarth Synopsis: In light of the uncertainties surrounding lawsuits alleging violations of the Illinois Information Biometric Privacy Act (“BIPA”), the Northern District of California has taken a firm position on a...more
3/29/2018
/ Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Facebook ,
Facial Recognition Technology ,
Injury-in-Fact ,
Photographs ,
Social Media ,
Standing ,
Subject Matter Jurisdiction
On January 10, 2018, the U.S. District Court for the Eastern District of Virginia denied Plaintiff Tiffanie Branch’s renewed motion for class certification in Branch v. Government Employees Insurance Company, No....more
3/16/2018
/ Article III ,
Class Certification ,
Criminal Background Checks ,
Fair Credit Reporting Act (FCRA) ,
FRCP 23(b)(3) ,
GEICO ,
Hiring & Firing ,
Predominance Requirement ,
Putative Class Actions ,
Regulatory Violations ,
Standing
Seyfarth Synopsis: One court upholds protection of Dodd-Frank limiting the President’s removal authority, while another court stifles a challenge against Mulvaney serving as acting Director of CFPB....more
2/7/2018
/ Administrative Agencies ,
Administrative Appointments ,
Article III ,
Banking Sector ,
Class Action ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Independent Directors ,
PHH Corp. v CFPB ,
Popular ,
Presidential Appointments ,
Removal For-Cause ,
Standing ,
Trump Administration
Seyfarth Synopsis: In Spokeo, Inc. v. Robins, the U.S. Supreme Court held that a plaintiff must have a concrete injury to sue for FCRA violations. Following Spokeo’s remand, courts have held that consumers have standing to...more
10/24/2017
/ Article III ,
Background Checks ,
Class Action ,
Employer Liability Issues ,
Employment Litigation ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
SCOTUS ,
Screening Procedures ,
Spokeo v Robins ,
Standing