News & Analysis as of

Standing TransUnion LLC v Ramirez

Balch & Bingham LLP

CFC How Standing Can Make or Break Certification - (TRANSCRIPT)

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Class actions are on the rise. Is your business ready to protect itself? Hi, I'm Jason Tompkins, a member of Balch's Consumer Finance Compliance and Defense Practice. Debt collectors are frequent targets of class actions...more

Snell & Wilmer

Northern District of California Underscores Futility of Certain CIPA “Trap and Trace” Class Actions

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The Northern District of California recently dismissed, with prejudice, a purported class action against Royal Caribbean Cruises Ltd. (Royal Caribbean), alleging a violation of the California Invasion of Privacy Act (CIPA)...more

WilmerHale

2024 Year in Review: Data Breach Litigation

WilmerHale on

One of the main risks for a company in the event of a data breach is the threat of litigation. Data breach litigation continued to proliferate in 2024, as it has in prior years....more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published January 2025 - Developments in Class Action Law

Highlights from this issue include cases such as Pro Se Civil Rights Class Actions. The Seventh Circuit affirmed that a pro se prisoner cannot adequately represent a class, and more....more

Womble Bond Dickinson

Defending Data Breach Class Actions

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Class actions arising from data breach represented the fastest growing segment of class action filings. In 2023, more than 2000 class actions were filed, more than triple the amount filed in 2022. These cases were filed in...more

Hinshaw & Culbertson - Consumer Crossroads

Tips for Loan Servicers on Defending Consumer Claims in Federal Court and Making Successful Article III Standing Challenges

Loan servicers and their counsel are often sued by consumers during contested mortgage foreclosure proceedings. The United States Supreme Court’s opinions in Spokeo, Inc. v. Robins and TransUnion v. Ramirez continue to be an...more

Robinson+Cole Class Actions Insider

What is Required to Allege Standing in Cases Alleging Invasion of Privacy? Third Circuit Weighs In.

In today’s world nearly everyone’s name, address and various other pieces of arguably personal information reside on many companies’ computer servers. Sharing of such information between companies has resulted in countless...more

Robinson Bradshaw

The Now-Traditional Argument About Non-Traditional Harms—No Answer In Sight

Robinson Bradshaw on

Our colleague Erik Zimmerman reported in an earlier post the memorable declaration from defense counsel in TransUnion, LLC v. Ramirez, 594 U.S. 413 (2021): when a legal violation results in no harm, those involved should...more

Seyfarth Shaw LLP

No Harm, No Foul? The Legacy of TransUnion Two Years Later (Part 4)

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Seyfarth Synopsis: For the final blog in this series regarding the legacy of TransUnion LLC v. Ramirez (“TransUnion”), the Workplace Class Action blog closes its survey of federal Circuit Courts with key rulings from the...more

Seyfarth Shaw LLP

No Harm, No Foul? The Legacy of TransUnion Two Years Later (Part 3)

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Seyfarth Synopsis: As reported here, for the two-year anniversary of the U.S. Supreme Court’s rulings regarding Article III standing in TransUnion LLC v. Ramirez (“TransUnion”), the Workplace Class Action blog is providing a...more

Seyfarth Shaw LLP

No Harm, No Foul?  The Legacy of TransUnion Two Years Later (Continued)

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Seyfarth Synopsis: As reported here, to mark the two-year anniversary of TransUnion LLC v. Ramirez (“TransUnion”), the Workplace Class Action blog is examining how each of the federal Circuit Courts have applied this...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - August 2023

Post-TransUnion, A Closer Examination of Threshold for Article III Standing- Class action trials are rare. The potential magnitude of an adverse verdict, even when improbable, makes the risks of trial unpalatable for...more

Pierce Atwood LLP

First Circuit Revives Data Breach Class Action Claims in Webb v. Injured Workers Pharmacy, LLC

Pierce Atwood LLP on

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

Carlton Fields

The Lack of Actual Injury Defense: The Landscape Since TransUnion

Carlton Fields on

The 2023 Carlton Fields Class Action Survey found that the second most successful class action defense is the lack of any actual injury suffered by some or all of the class. It also found that this defense made a big jump in...more

Seyfarth Shaw LLP

No Harm, No Foul?  The Legacy of TransUnion Two Years Later

Seyfarth Shaw LLP on

Seyfarth Synopsis: On June 25, 2021, the U.S. Supreme Court issued its pivotal ruling in TransUnion LLC v. Ramirez (“TransUnion”). As reported here...more

Troutman Pepper Locke

Ramirez Case Reaches Final Approval of Class Settlement

Troutman Pepper Locke on

On December 15, 2022, the parties in TransUnion LLC v. Ramirez — a case that went all the way to the Supreme Court in 2021 to resolve questions of Article III standing — obtained final approval of their class settlement...more

Pierce Atwood LLP

First Circuit Court of Appeals Rules Website Tester Has Standing for ‘Informational Injury’, Deepens Circuit Divide

Pierce Atwood LLP on

On October 5, 2022, in Laufer v. Acheson Hotels LLC, the U.S Court of Appeals for the First Circuit reversed a lower court’s dismissal of a suit against Acheson Hotels, LLC, which operates an inn on Maine’s southern coast....more

Ballard Spahr LLP

Third Circuit Becomes First Court of Appeals to Address Article III Standing in a Data Breach Case Post TransUnion

Ballard Spahr LLP on

The Third Circuit recently became the first federal appellate court to address the question of whether the victim of a data breach has Article III standing to bring a claim for damages based on the fear of identity theft...more

Troutman Pepper Locke

A Stunning Opinion on “Dunning” ‎Letters: Revised Opinion Following En Banc Review

Troutman Pepper Locke on

In a revised opinion issued September 8, 2022, an en banc panel of the Eleventh Circuit Court of Appeals reversed last year’s controversial opinion which potentially spelled trouble for debt collectors utilizing third-party...more

Hinshaw & Culbertson - Consumer Financial...

The Hunstein Saga Ends at the Eleventh Circuit: Court Determines That Use of a Mail Vendor Did Not Inflict a Concrete Injury

On September 8, 2022, the Eleventh Circuit Court of Appeals gave its final word—after many twists and turns—in Hunstein v. Preferred Collection and Management Services, Inc., No. 19-14434. The court issued an en banc opinion...more

Sheppard Mullin Richter & Hampton LLP

Eleventh Circuit Dismisses Debt Collection Letter Case For Lack of Standing

On September 8, the U.S. Court of Appeals for the Eleventh Circuit issued an order in Hunstein v. Preferred Collection and Management Services, Inc. dismissing the case after determining that plaintiff failed to allege a...more

Faegre Drinker Biddle & Reath LLP

Eleventh Circuit Applies TransUnion and Vacates Class Certification

The Eleventh Circuit recently decertified a TCPA settlement class because the class definition included members who could never have Article III standing under Eleventh Circuit precedent.  Drazen v. Pinto, — F.4th –, No....more

Kilpatrick

Eleventh Circuit holds that every class member must have standing for a class action settlement to be approved

Kilpatrick on

Takeaway: We have posted articles addressing the U.S. Supreme Court’s standing-related decision in Frank v. Gaos, 139 S. Ct. 1041 (2019), as well as its decision in TransUnion, LLC v. Ramirez, 141 S. Ct. 2190 (2021). In a...more

Foley & Lardner LLP

Please Remain Standing: 11th Circuit Rejects $35 Million GoDaddy Settlement Due to Absent Class Members Lack of Standing

Foley & Lardner LLP on

Class actions for money damages that involve class members who do not have Article III standing in the Eleventh Circuit are improper even if such members would have standing in other jurisdictions. In a unanimous decision...more

K&L Gates LLP

Litigation Minute: Has the Supreme Court Left ESG Class Actions a Leg to Stand On? (ESG in Litigation Series: Part Four of Eight)

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WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - One of the earliest modern environmental, social, and governance (ESG) cases decided by the Supreme Court, Massachusetts v. EPA (2007), turned on Article III standing....more

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