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Articles: 1-10 of 48

Third Circuit Joins Majority of Circuits in Holding that Simply Receiving a Receipt that Shows Too Many Credit Card Digits Does Not Confer Article III Standing to Sue Under FACTA

USA - March 12 2019 On March 8, 2019, the Third Circuit became the third federal court of appeals to hold that a shopper alleging he or she received a receipt displaying…

Supreme Court: FAA Does Not Apply to Arbitration Agreements with Interstate or Foreign Transportation Workers

USA - January 29 2019 On January 8, the Supreme Court handed down its second unanimous opinion on arbitration in as many weeks, New Prime Inc. v. Oliveira, 586 U.S. ___…

Supreme Court Finds “Wholly Groundless” Exception in Arbitrability Disputes to be Wholly Groundless

USA - January 14 2019 In Justice Brett Kavanaugh’s first opinion, Henry Schein, Inc. v. Archer and White Sales, Inc., 586 U.S. ___ (Jan. 8, 2019), the Supreme Court…

Ninth Circuit Restricts Vicarious Liability in TCPA Class Action

USA - March 26 2018 In Kristensen v. Credit Payment Services Inc., the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s summary judgment that…

Ninth Circuit Raises the Bar for Settling Nationwide Consumer-Protection Class Actions

USA - January 31 2018 In an opinion that could make certification of nationwide class action settlements considerably more difficult, a divided panel of the Ninth Circuit…

Pre-Adverse Action Fair Credit Reporting Act Claim in Class Action Dismissed for Lack of Standing

USA - January 10 2018 After four years of litigation, Judge Jan DuBois of the U.S. District Court for the Eastern District of Pennsylvania dismissed an FCRA claim in a…

The Fight Begins Over FACTA Standing in State Courts

USA - December 5 2017 Since the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), FACTA plaintiffs have had a difficult time convincing federal…

Accuracy Is Still Your Best Defense in California FCRA Matters

USA - November 8 2017 Last month, consumer reporting agency Experian Information Solutions, Inc. beat a Fair Credit Reporting Act 15 U.S.C. §§ 1681 et seq. (“FCRA”) class…

Is This The End For FACTA Cases?

USA - October 2 2017 Until last week, certain district courts in the Eleventh Circuit were the only place left for class action plaintiffs to pursue run-of-the-mill…

Ninth Circuit Finds a “Concrete Injury” Adequately Alleged on Remand From Supreme Court in Spokeo

USA - August 16 2017 The Ninth Circuit issued its long-awaited decision in Robins v. Spokeo, Inc., No. 11-56843, 2017 WL 3480695 (9th Cir. Aug. 15, 2017), yesterday—on…