Retailers, Statutory Violations, Class Action

Time to RE-act: The Washington Supreme Court’s New Email Subject Line Ruling Could Put Retailers on the Hook for Trillions

Benesch on 5/12/2025

On April 17, 2025, the Washington Supreme Court sent a message to all companies that participate in email marketing: Send with caution. The Court held that the Commercial Electronic Mail Act (“CEMA”), RCW § 19.190.020(1)(b),...more

Washington Supreme Court Expands Scope of Anti-Spam Law

Kelley Drye & Warren LLP on 4/28/2025

Two years ago, we posted about a proposed class action lawsuit that accused Old Navy of spamming consumers with emails that included false or misleading information about the duration of sales. For example, the complaint...more

Eleventh Circuit Vacates Godiva FACTA Settlement

Womble Bond Dickinson on 11/30/2020

Justice Kavanaugh said earlier this summer that “[c]ourts sometimes makes standing law more complicated than its needs to be.” The majority in the Eleventh Circuit took that statement to heart in its en banc opinion in...more

Third Circuit Shreds Plaintiff’s Credit Card Receipt Case On Standing Grounds

Proskauer - Advertising Law on 4/3/2019

The Third Circuit recently held that procedural violations of the Fair and Accurate Credit Transactions Act (“FACTA”), absent any showing of concrete harm, do not meet Article III standing requirements. Kamal v. J. Crew...more

Third Circuit: FACTA Class Plaintiff Lacked Concrete Injury Required for Standing Under Spokeo

Ballard Spahr LLP on 4/2/2019

In a precedential opinion, the U.S. Court of Appeals for the Third Circuit concluded that because the named plaintiff in a class action complaint failed to allege a concrete injury...more

Third Circuit Reinforces That FACTA Class Actions Remain Ideal Targets for Spokeo Challenges

Bradley Arant Boult Cummings LLP on 3/18/2019

Almost one year ago, we wrote about the impact of Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016) on Fair and Accurate Credit Transaction Act (FACTA) class actions and offered practical pointers for defendants confronting...more