Disclosure Requirements, Class Action, Article III

Ninth Circuit Narrows Path for Omission-Based Consumer Claims in Baby Food Class Actions

Kilpatrick on 5/30/2025

We previously wrote about conflicting decisions from New York federal courts on whether alleged economic damages establish Article III standing under a price premium theory in baby food toxic metals class actions. See New...more

Does a violation of FCRA’s “Stand-Alone” disclosure requirement confer standing or not?

Womble Bond Dickinson on 2/1/2019

Could there be a split brewing with regard to standing to pursue FCRA claims against potential employers for violating the stand-alone disclosure requirement contained in 15 U.S.C. § 1681(b)(2)(A)(i)? Maybe....more

The Weekly Privacy Rewind

BakerHostetler on 3/19/2018

Class Actions - Facebook Cannot Evade Suit Under Illinois’ Biometric Information Privacy Act Even Where No Proof of Harm - In separate rulings handed down last week in the Northern District of California, the court...more

Use Of Non-Compliant Disclosure Form Did Not Result In Concrete Injury Under Fair Credit Reporting Act

Jackson Lewis P.C. on 8/8/2017

A job applicant alleging a violation of one of the procedural requirements of the Fair Credit Reporting Act (FCRA) lacked standing to sue under Article III of the United States Constitution because he failed to allege facts...more

Advertising Litigation Report: Vol. 2, No. 2 - Consumer Privacy and Data Security

Herbert Smith Freehills Kramer on 5/1/2017

Judge Trims Proposed Class Action Over Wendy’s Data Breach - Torres v. Wendy’s Int’l, LLC, No. 16-cv-0210 (PGB) (DCI) (M.D. Fla. Mar. 21, 2017). A U.S. district court judge in Florida trimmed a proposed class action...more

Nothing Crafty About Michaels’ Disclosure Under Spokeo

Carlton Fields on 2/14/2017

A New Jersey District Court followed Spokeo’s Article III standing analysis and dismissed claims by three putative class representatives against Michaels Stores. Plaintiffs claimed that Michaels’ online employment application...more

Putative Class Representative Accusing Life Insurer Of “Hollow Asset” Reinsurance Lacks Article Iii Standing

Carlton Fields on 11/2/2015

We previously reported on putative class actions pending against life insurers for allegedly misleading customers by engaging in “shadow” or “hollow” reinsurance transactions, doing so most recently on August 3, 2015. In...more

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