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Bradley Arant Boult Cummings LLP | USA | 5 Nov 2020

The En Banc 11th Circuit Clarifies “Risk of Identity Theft” Standing

In a decision that narrows the path to federal court for plaintiffs seeking statutory damages with no actual harm, the full 11th Circuit has held…

Troutman Pepper | USA | 3 Nov 2020

Constitutional standing is like a box of chocolates: Eleventh Circuit spits facta settlement agreement back to the lower court

The Fair and Accurate Credit Transactions Act (“FACTA”) forbids sellers who accept credit cards from including more than the last five digits of a…

Eversheds Sutherland (US) LLP | USA | 3 Nov 2020

Divided En Banc Court Dismisses FACTA Claims for Lack of Article III Standing

In Muransky v. Godiva Chocolatier, Inc., 2020 WL 6305084 (11th Cir. Oct. 28, 2020), a divided en banc court vacated the district court’s order…

Maurice Wutscher LLP | USA | 12 May 2020

Recklessly Disregarding a Nonexistent Risk of Harm: Does Including the Expiration Date on Electronically Printed Receipts Constitute Willful Noncompliance under FACTA?

Most federal courts now agree that printing credit- and debit-card expiration dates on sales receipts does not cause the injury in fact required to…

Troutman Pepper | USA | 23 Jul 2019

D.C. Circuit Finds Printing 16-Digit Credit Card Number on Receipt Constitutes Concrete Injury Under Spokeo

In August 2018, a sports concession company successfully moved to dismiss a class action complaint arising under the Fair and Accurate Credit…

Maurice Wutscher LLP | USA | 16 May 2019

11th Cir. Splits from Other Circuits on Spokeo Standing

The U.S. Court of Appeals for the Eleventh Circuit sua sponte issued a new opinion to vacate and replace its prior opinion affirming approval of a…

Bradley Arant Boult Cummings LLP | USA | 29 Apr 2019

The Eleventh Circuit Finds Class Rep Has Standing to Settle a FACTA Class Action

Bucking a recent trend and departing from both the Second Circuit’s Katz decision and the Third Circuit’s Kamal decision, the Eleventh Circuit found…

Morgan, Lewis & Bockius LLP | USA | 4 Apr 2019

Senators Renew Pressure on POD Arrangements

In a March 19 letter to CMS and HHS-OIG, Senators Chuck Grassley (R-IA) and Ron Wyden (D-OR) continued their oversight efforts regarding…

Proskauer Rose LLP | USA | 2 Apr 2019

Third Circuit Shreds Plaintiff’s Credit Card Receipt Case On Standing Grounds

The Third Circuit recently held that procedural violations of the Fair and Accurate Credit Transactions Act (“FACTA”), absent any showing of concrete…

Bradley Arant Boult Cummings LLP | USA | 18 Mar 2019

Third Circuit Reinforces That FACTA Class Actions Remain Ideal Targets for Spokeo Challenges

Almost one year ago, we wrote about the impact of Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016) on Fair and Accurate Credit Transaction Act (FACTA)…
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