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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)…
