In a September 19 speech at the Federal Communications Bar Association in Washington, FTC Acting Chairman Maureen K. Ohlhausen stated that the Commission should focus on addressing instances of “substantial consumer injury” in deciding which cases to pursue. Echoing (intentionally or not) the language of the Supreme Court’s foundational decision in Spokeo, Inc. v. Robins
Eleventh Circuit Weighs In on DPPA Remedies Provision
In Ela v. Kathleen Destefano, the Eleventh Circuit recently commented on the remedies provision of the Driver’s Privacy Protection Act (“DPPA”), holding that the liquidated damages provision does not apply to individual violations of the statute in instances where multiple violations are alleged.
As background, plaintiff Theresa Ann Ela sued Kathleen Destefano, an Orange
Second Circuit Affirms Dismissal of FACTA Class Action Against Donna Karan for Lack of Standing
On September 20, the Second Circuit Court of Appeals in Katz v. The Donna Karan Company, LLC, affirmed the lower court’s dismissal of a Fair and Accurate Credit Transactions Act putative class action for failure to establish a concrete injury sufficient to maintain Article III standing to bring suit.
As we previously reported,
Join Us for a Webinar on October 18: Privacy and GDPR – What It Means for Your Company
Join Troutman Sanders for a webinar on October 18, 2017 from 3:00 – 4:00 p.m. ET. During the webinar, the presenters will discuss the European Union’s upcoming General Data Protection Regulation (GDPR) and what it means for your company. The speakers will cover the basics of the GDPR and its impact on key departments and
Federal Appellate Court Rejects Attorneys’ Fees-Only Class Action Settlement
In January 2013, a teenager in Australia posted a photo online showing that his “footlong” Subway sandwich was in fact only 11 inches, setting off a viral storm of consumers discovering their “footlong” sandwiches were similarly not as large as advertised. That spawned a number of class action lawsuits in America accusing Subway’s franchisor, Doctor’s
New TCPA Class Action: Expansion into Service Calls
On August 29, yet another Telephone Consumer Protection Act class action was filed in the Middle District of Florida. This suit, however, is a bit different than others that we have seen.
In Gillmore v. Lokey Automotive Group, Inc., the complaint alleges that text messages sent to the plaintiff April Gillmore by an automobile dealership
Join Us for a NAPBS Webinar on September 27: Compliance Management Systems – The Next Generation
We are pleased to announce that Troutman Sanders attorneys Ron Raether and Megan Nicholls will be featured speakers for a webinar hosted by the National Association of Professional Background Screeners on September 27, 2017 from 3:00 – 4:00 p.m. ET.
In this session, they will discuss the basic elements of a compliance management system, how
Join Us at the ASIS International 63rd Annual Seminar and Exhibits in Dallas
We are pleased to announce that Troutman Sanders partner Ronald Raether will be a featured speaker at the ASIS International 63rd Annual Seminar and Exhibits event in Dallas September 25-28, 2017.
Ron will speak on Tuesday, September 26 from 2:00 – 3:00 p.m. on “Governing Without Clear Standards: Lessons Learned.” The term “standard” is used
Join Us for a Webinar on September 21 – How to Engage Your Legal Department in Data Incident Response
Join Troutman Sanders attorneys Melanie Witte and Megan Nicholls for a webinar on September 21. During the webinar, the presenters will:
- Present the landscape of incident response laws and generally discuss how to determine what laws apply to your organization – state laws present a myriad of reporting requirements and, depending on your industry, federal
Illinois Federal Court Refuses to Certify TCPA Robocall Class Action Based in Part on Article III Standing
On August 15, the United States District Court for the Northern District of Illinois denied a motion for class certification in Legg v. PTZ Insurance Agency, Ltd., a putative class action under the Telephone Consumer Protection Act. The plaintiffs in the lawsuit, Christopher Legg and Page Lozano, sued PTZ and affiliated companies alleging violations