The United States Court of Appeals for the Eleventh Circuit ruled last week, in Vista Marketing, LLC v. Burkett, that statutory damages are not available to plaintiffs pursuing claims under the Stored Communications Act (SCA) in the absence of actual damages suffered by the plaintiff or profits made by the defendant from the violation.  In doing so, it joined the Fourth Circuit.  But it cut against various district court rulings in other circuits, which have continued to hold that plaintiffs do not need to show actual damages or profits to recover statutory damages under the SCA.  We will have to see whether district courts continue to ignore this reasoning now that the two Circuits to rule on the issue are in agreement.