Tag Archives: standing

J. Crew Credit Card Digit Class Action Dismissed Again Because of Overly Speculative Identity Theft, Fraud Risks

As courts continue to grapple with close calls on standing following the U.S. Supreme Court’s seminal decision in Spokeo v. Robins, another court has given defendants a win for intangible injuries and risk of future harm.  On June 6, the District of New Jersey dismissed – for the second time – a putative class action … Continue Reading

Federal Court Finds Intangible Harm Caused by Robocalls Sufficient for Post-Spokeo Standing in TCPA Claim Alleging Privacy Invasion

In an instructive opinion on how intangible harms can cause injuries sufficient to confer standing on plaintiffs—and a rare example of the U.S. Supreme Court’s latest ruling on standing aiding plaintiffs—a West Virginia federal court ruled June 30 that computer-dialed telemarketing calls caused concrete, particularized privacy invasions such that plaintiff’s Telephone Consumer Protection Act (“TCPA”) … Continue Reading

Spokeo, Palatine Cases Discuss Negligible Harm from Privacy Breaches, Could Put Damper on Suits

A recent argument and non-decision at the Supreme Court could have significant effects on plaintiffs’ lawsuits under consumer data protection and privacy laws. Last week, the Court heard arguments on the standard of harm for establishing standing under the Fair Credit Reporting Act, and declined to review a Driver’s Privacy Protection Act case in which … Continue Reading

Seventh Circuit Revives Data Security Breach Class Action Against Neiman Marcus: Finds Article III Standing In Class Expenses “Resolving Fraudulent Charges and Protecting…Against Future Identity Theft.”

A panel of the Seventh Circuit Court of Appeals (Wood, C.J., Kanne, J. and Tinder, J.) has reversed the dismissal of a data security breach class action lawsuit against luxury department store Neiman Marcus. This lawsuit stemmed from a hacking incident in which “350,000 cards were potentially exposed; and 9,200 of those 350,000 cards were … Continue Reading

Supreme Court Ruling in Clapper v. Amnesty International Leaving Data Breach Class Actions in Danger?

In Clapper vs. Amnesty International, a group including journalists, human right activists, and labor leaders challenged the 2008 amendments made to the Foreign Intelligence Surveillance Act. The amendments included broadening the surveillance powers of the federal government with respect to communications outside the U.S. Plaintiffs claimed that their work required open communication with persons around … Continue Reading
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