The Central District of California recently dismissed a data breach class action for lack of standing, notwithstanding evidence that the stolen data of 40 million consumers had allegedly been offered for sale on the dark web. The court determined that the data breach could not possibly have caused a risk of identity theft, fraud, and
In Mikhael v. Credit Corp Solutions, Inc., the Eastern District of New York held that a letter alluding to the possibility of referring an account to an attorney for review does not constitute a threat to take imminent action that “cannot legally be taken or that was not intended to be taken” under the
A federal court in Michigan recently ruled that out-of-state residents have standing to sue under the Michigan Personal Privacy Protection Act (PPPA). In Lin v. Crain Communications, Inc., Case No. 2:19-cv-11889 (E.D. Mich., June 25, 2019), Gary Lin, a Virginia resident, filed a putative class-action lawsuit against Crain Communications, Inc. (Crain), a Michigan-based publishing
In a noteworthy decision refining application of the Securities Litigation Uniform Standards Act (SLUSA), the Ninth Circuit recently held that SLUSA did not bar a state law class action for alleged breach of fiduciary duties brought by investors against a financial advisory firm. In Anderson v. Edward D. Jones & Col, L.P, decided in
In Cassandra Valentine v. Unifund CCR, Inc. et al., the District Court of New Jersey dismissed the plaintiff’s claim that a benign company name appearing on a debt collection letter through the glassine window of an envelope constituted a violation of the FDCPA if an internet search could reveal the name as belonging to
This case was brought on behalf of a class of 72 female sales professionals employed by clothing retailer John Varvatos Enterprises, Inc. (Varvatos), alleging that Varvatos’s clothing allowance policy, which included giving free clothing to male sales professionals but not female sales professionals, violated various federal and state anti-discrimination laws. Knox v. John Varvatos Enterprises
A federal magistrate judge in the Northern District of California approved a class settlement of nearly $175,000 for an alleged violation of the FCRA’s stand-alone disclosure requirement. The class was comprised of over 1,000 job applicants who signed a standard form as part of their application, which included both a consumer report disclosure and a
A recent decision by the U.S. District Court for the District of Columbia underscores the significance of issues of proof when trying to enforce arbitration agreements. The case is Proctor v. First Premier Corp., No. 1:20-cv-02162-BAH, 2021 U.S. Dist. LEXIS 6502 (D.D.C. Jan. 13, 2021).
Plaintiff Charnita Proctor sued First Premier Corp. (FPC) for
In Frank Gilbert v. I.C. System, Inc., the U.S. District Court for the Northern District of Illinois denied the defendant’s motion to compel arbitration in a FDCPA class action, holding that the corporate declaration offered by the defendant was insufficient to prove that the plaintiff actually saw and agreed to the account terms
The Eleventh Circuit affirmed a district court’s dismissal for lack of standing in a data incident case. The majority opinion, written by Senior Judge Gerald Bard Tjoflat and joined by Judge Adalberto Jordan and Senior Fourth Circuit Judge William Traxler sitting by designation, highlighted the disagreement among federal appellate courts about the type of harm
