News & Analysis as of

Standing › Motion to Dismiss › Statutory Violations

McGlinchey Stafford

Third Circuit Finds Class Plaintiff Lacks Standing to Sue Under the FDCPA

McGlinchey Stafford on

The Third Circuit Court of Appeals recently affirmed the district court’s decision to dismiss a putative class action against a collection company on the grounds that the plaintiff lacked standing to sue under the Fair Debt...more

Troutman Pepper Locke

California Federal Court Rules Undated Model Debt Violation Notice Does Not Violate the FDCPA

Troutman Pepper Locke on

In March, a district court in the Eastern District of California followed other courts holding that an undated, model form debt validation notice does not violate the Fair Debt Collection Practices Act (FDCPA). Specifically,...more

Seyfarth Shaw LLP

“Untagging” From Photo Privacy Lawsuit: Facebook Settles Its Illinois Biometric Information Privacy Litigation For $550 Million

Seyfarth Shaw LLP on

Seyfarth Synopsis: On January 29, 2020, Facebook announced that it had reached a settlement with plaintiffs in a class action brought under the Illinois Biometric Information Privacy Act (the “BIPA”) in the U.S. District...more

Troutman Pepper Locke

Third Circuit Finds That No Real Risk of Harm Means No Article III Standing

Troutman Pepper Locke on

The U.S. Court of Appeals for the Third Circuit recently held, for the first time, that a mere procedural violation of a statute does not present the material risk of harm that a plaintiff must allege to establish Article III...more

White & Case LLP

Illinois Supreme Court Rules: “Aggrieved” Person Does Not Require Separate, “Actual” Injury for Biometric Information Privacy Act...

White & Case LLP on

On January 25, 2019, the Supreme Court of Illinois held in Rosenbach v. Six Flags Entertainment Corp. that an "aggrieved" person entitled to seek damages and injunctive relief under Illinois' Biometric Information Privacy Act...more

Hogan Lovells

Eighth Circuit Finds that Bare “Technical Violations” of the TCPA Do Not Establish Standing

Hogan Lovells on

In St. Louis Heart Center v. Nomax, Inc., the Eighth Circuit held that an “alleged failure to provide a technically compliant opt-out notice” in a fax advertisement, without more, does not give a plaintiff Article III...more

Troutman Pepper Locke

You Can’t Have Your Cake And Eat It Too—Seventh Circuit Warns Defendants Not To Remove To Federal Court And Then Move To Dismiss...

Troutman Pepper Locke on

On May 14, 2018, the Seventh Circuit Court of Appeals issued a significant jurisdictional decision that further limits defendants’ use of Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016). In Collier v. SP Plus Corp., No....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

Carlton Fields

Plumbers Overcome Spokeo-Based Standing Blockage in Putative TCPA Class Action

Carlton Fields on

The Northern District of Illinois cleared the way for a plumbing company’s putative TCPA class action against Allstate Insurance Company and Oh Insurance Agency by denying defendants’ motions to dismiss, which were inspired...more

9 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide