On May 23, 2017, in Whalen v. Michaels Stores, Inc., the United States Court of Appeals for the Second Circuit issued a summary order affirming the district court’s dismissal of a putative data breach class action based on lack of Article III standing.
As background, the named plaintiff Mary Jane Whalen made credit card purchases
The Federal Trade Commission (FTC) submitted its Fiscal Year 2018 budget request to Congress, in support of the President’s FY 2018 budget for the federal government. The budget request also includes the FY 2018 Budget Overview Statement, Performance Plan for FY 2017 and FY 2018, and Performance Report for FY 2016, as required under the
In one of the most significant post-Spokeo decisions to date, the Fourth Circuit unanimously reversed and dismissed a nearly $12 million Fair Credit Reporting Act (“FCRA”) class action judgment, finding plaintiff, Michael T. Dreher, lacked Article III standing to bring his claims. The decision provides much needed clarity from the Fourth Circuit on the
On April 7, defendants Wolfgang’s Steakhouse, Inc. and ZMF Restaurants LLC again urged a New York federal court judge to dismiss a Fair and Accurate Transactions Act putative class action based on the Supreme Court’s decision in Spokeo, Inc. v. Robins.
In Fullwood v. Wolfgang’s Steakhouse, Inc., plaintiff Cynthia Fullwood alleged
Senate Bill No. 563 amends several provisions of the West Virginia Consumer Credit Protection Act (WVCCPA). The Bill passed the West Virginia Senate and the House of Delegates with high approval margins, and was signed into law by Governor Jim Justice on April 21, 2017. These amendments to the WVCCPA will have an impact on
The United States Supreme Court recently heard oral argument in the case of Microsoft Corp. v. Baker, where the Court is set to determine whether a plaintiff can tactically circumvent Rule 23(f) of the Federal Rules of Civil Procedure.
Rule 23(f) provides for an interlocutory appeal of a district court’s denial of class
On Wednesday, April 19 from 12-1 p.m. ET, Troutman Sanders attorneys Mary Zinsner and Jon Hubbard will present a survey of consumer protection decisions from across the country interpreting and applying the Supreme Court’s ruling in Spokeo, Inc. v. Robins. The decisions from the federal circuits are conflicting and some “no-injury” class action proceedings
On March 23, the United States District Court for the Southern District of Florida granted preliminary approval of a nearly $31 million Fair and Accurate Credit Transactions Act (“FACTA”) class action settlement against Doctor’s Associates, Inc., doing business as Subway – the largest settlement to date in the history of FACTA.
According to the c
The Fair Credit Reporting Act (FCRA) is not a strict liability statute. To prevail, a plaintiff must prove that the statute was violated willfully or negligently. While plaintiffs typically pursue willfulness claims because of the possibility of statutory and punitive damages, they often include vague allegations of emotional distress and actual damages in order to
The Fair Employment and Housing Council published the final text for the “Consideration of Criminal History in Employment Decisions” regulation on March 27, 2017. This regulation, effective July 1, 2017, impacts employers’ consideration of criminal history information for employment purposes, including those related to layoffs. Employers are well-advised to take a fresh look