On April 29, 2025, the Supreme Court heard oral argument in Labcorp v. Davis, in which it considered the question of whether Article III standing must be determined for all members of the class, including uninjured members,...more
The first months of 2025 have brought a number of notable developments in TCPA litigation and compliance, kicking off with the eleventh-hour announcement by the FCC on January 24 that it would postpone the effective date of...more
5/1/2025
/ Appeals ,
Consent ,
Consumer Protection Laws ,
FCC ,
Loper Bright Enterprises v Raimondo ,
Proposed Rules ,
Robocalling ,
Rulemaking Process ,
TCPA ,
Telecommunications ,
Telemarketing
On Friday, January 24, 2025, just one business day before it was to take effect on January 27, the Eleventh Circuit vacated the Federal Communications Commission’s (FCC) One-to-One Consent Rule that was adopted as an...more
1/30/2025
/ Appeals ,
Chevron Deference ,
Compliance ,
Consent ,
Corporate Counsel ,
Data Privacy ,
FCC ,
Loper Bright Enterprises v Raimondo ,
Prior Express Consent ,
Regulatory Agenda ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing
This summer, the First Circuit revived a privacy class action based on debt collection practices. In Nightingale v National Grid USA Service Company, the district court granted summary judgment in favor of the defendants and...more
10/1/2024
/ Antitrust Litigation ,
Appeals ,
Article III ,
Class Action ,
Class Certification ,
Debt Collection ,
Popular ,
Predominance Requirement ,
Privacy Laws ,
Putative Class Actions ,
Remand ,
Summary Judgment ,
Vacated
In 2023, we discussed the uptick in data privacy and cybersecurity class action lawsuits; as expected, this trend has persisted throughout 2024 as plaintiffs continue to test new theories of liability and the boundaries of...more
7/19/2024
/ Appeals ,
Article III ,
Class Action ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Privacy Laws ,
Video Privacy Protection Act ,
Wiretapping
On April 29, 2024, the Supreme Court issued an Order List indicating that certiorari had been denied in Brinker International, Inc. v. Steinmetz, Docket No. 23-648.
The Eleventh Circuit Brinker Decision -
Brinker was...more
At the close of 2023, the Supreme Court dismissed the appeal of petitioner Acheson in Acheson Hotels, LLC v. Laufer as moot and vacated the underlying decision by the First Circuit that Laufer had constitutional standing to...more
1/11/2024
/ Acheson Hotels LLC v Laufer ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Class Action ,
Dismissals ,
Jurisdiction ,
Mootness ,
Oral Argument ,
SCOTUS ,
Settlement Negotiations ,
Standing ,
Vacated ,
Website Accessibility
Courts and class action counsel have been considering what kinds of injuries can confer standing to pursue federal claims following the Supreme Court’s 2021 decision in TransUnion LLC v. Ramirez, which held that the...more
7/27/2023
/ Antitrust Litigation ,
Appeals ,
Class Action ,
Class Certification ,
Data Breach ,
Data Security ,
Personally Identifiable Information ,
Privacy Laws ,
SCOTUS ,
Standing ,
TransUnion LLC v Ramirez
On March 27, 2023, the Supreme Court granted a petition for a writ of certiorari by Acheson Hotels in Acheson Hotels, LLC v. Deborah Laufer, Case No. 21-1410. In its petition to appeal from an earlier First Circuit decision...more
5/19/2023
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Credit Reporting Agencies ,
Cybersecurity ,
Data Privacy ,
Labeling ,
Litigation Strategies ,
Marketing ,
Public Accommodation ,
SCOTUS ,
Websites