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No Injury = No Article III Standing in Data Breach Class Action

USA - August 5 2022 As we have discussed here at CPW, one of the biggest challenges facing a plaintiff in a data breach class action is to establish an injury from the…

2021 Year in Review: Financial Privacy Litigation and Developments Post-Ramirez

USA - December 21 2021 2021 has been a monumental year in many ways, and consumer financial privacy litigation and enforcement was no exception. In the executive branch, the…

Margaret Booz, Kristin Bryan, Brianna Soltys

Another Court Finds No ATDS If Dialing from a Curated List

USA - December 21 2021 Last week, yet another California federal court found that following the Supreme Court’s decision in Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021)…

Second Circuit Puts Final Nail in the Solicited Fax Rule Coffin

USA - December 6 2021 At the end of last week, the Second Circuit—in a 2-1 decision—held that the D.C. Circuit’s decision in Bais Yaakov of Spring Valley v. Fed. Commc’ns…

Pleading a Data Incident Without More Is Not Sufficient to Survive a Motion to Dismiss

USA - September 30 2021 Earlier this week, in the context of a data incident involving a health care company, an Arizona federal court determined that plaintiffs had Article…