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Standing › Motion to Dismiss › Invasion of Privacy

Pierce Atwood LLP

Massachusetts Court Grants Motion to Dismiss "Spy Pixel” Privacy Class Action for Lack of Standing

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On January 31, 2025, in Campos v. TJX Companies, Inc., No. 24-cv-11067, the District of Massachusetts granted a motion to dismiss a class action due to the plaintiff’s lack of standing. The court concluded that the named...more

Fox Rothschild LLP

Privacy ‘Testers’ Don’t Have Standing to Sue, Court Rules

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If you are “tester” who actively seeks out privacy violations and files lawsuits to ensure legal compliance (as many class action lawsuit plaintiffs are), you do NOT have Article III standing to sue, according to a recent...more

Mayer Brown

Collecting IP Addresses? “Not An Invasion of Privacy,” Says New York Federal Court in CIPA Pen-Register Action

Mayer Brown on

On February 18, 2025, US District Judge Edgardo Ramos of the United States District Court of the Southern District of New York granted the defendant’s motion to dismiss against a plaintiff bringing claims under California...more

Troutman Pepper Locke

Illinois Federal Court Dismisses FDCPA Letter Case for Lack of Subject Matter Jurisdiction

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In Kirkman v. Blitt and Gaines, P.C., the plaintiff sued the defendant in the Northern District of Illinois alleging violations of the Federal Debt Collection Practices Act (FDCPA) for sending her a letter by regular mail...more

Womble Bond Dickinson

Eleventh Circuit Finds No Harm in a Single Multimedia Text Message

Womble Bond Dickinson on

In Salcedo v. Hanna, No. 17-14077 (11th Cir. 2019), the Eleventh Circuit recently ruled that receipt of a single, unsolicited text message does not constitute the harm necessary to achieve Article III standing in a Telephone...more

Burr & Forman

Eighth Circuit Holds Deficient Fax Opt-Out Notice Does Create Case or Controversy

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St. Louis Heart Center, Inc. v. Nomax, Inc., No. 19-1794, 2018 WL 3719694 (8th Cir. Aug. 6, 2018) - Plaintiff filed a class action lawsuit in state court, alleging Defendant sent it 12 fax advertisements without including...more

Carlton Fields

Court Rejects Insurer’s Spokeo-Based Standing Challenge to TCPA Action

Carlton Fields on

In a February 20 ruling, the Northern District of Illinois cleared the way for a plumbing company’s putative class action against Allstate Insurance Company and an insurance agency co-defendant by denying the defendants’...more

King & Spalding

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

King & Spalding on

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

Sheppard Mullin Richter & Hampton LLP

Update on Data Breach and Data Privacy Class Actions Post-Spokeo

Sheppard Mullin Richter & Hampton LLP on

In May, the U.S. Supreme Court issued its opinion in Spokeo v. Robins, providing guidance on the “injury-in-fact” aspect of the constitutional standing requirement for putative class action plaintiffs. 136 S. Ct. 1540...more

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