Last week, the Eleventh Circuit ruled that a single unsolicited text message doesn’t meet the harm requirement necessary to proceed with a Telephone Consumer Protection Act (TCPA) claim. The Eleventh Circuit ruling, Salcedo v. Hanna, reverses a decision by a lower court allowing the plaintiff to move forward with a TCPA claim on grounds
Georgia Supreme Court May Weigh in on Standing in Data Breach Litigation
The Georgia Supreme Court may weigh in on the hot issue plaguing data breach class action litigation across the nation, must a data breach victim suffer actual financial loss to recover damages, or is the threat of future harm enough? On August 20, the Georgia Supreme Court heard arguments in a class action suit stemming
Standing in Data Breach Litigation: Will the U.S. Supreme Court Weigh In?
The U.S. Supreme Court may finally weigh in on the hottest issue in data breach litigation, whether a demonstration of actual harm is required to have standing to sue. Standing to sue in a data breach class action suit, largely turns on whether plaintiffs establish that they have suffered an “injury-in-fact” resulting from the data
California May Lower the Standing Threshold in Data Breach Litigation
A key issue for any business facing class action litigation in response to a data breach is whether the plaintiffs, particularly consumers, will have standing to sue. Standing to sue in a data breach class action suit, largely turns on whether plaintiffs establish that they have suffered an “injury-in-fact” resulting from the data breach. Plaintiffs
Supreme Court Will Not Hear Ninth Circuit Decision Regarding Willful Violations of FCRA’s Disclosure Provision
On November 13, 2017, the U.S. Supreme Court declined to hear the appeal of one of 2017’s more significant Fair Credit Reporting Act (FCRA) opinions, Syed v. M-I, LLC. (9th Cir. Jan. 20, 2017). In Syed, the Ninth Circuit Court of Appeals held that a background check disclosure which included a liability waiver
Unsolicited Call Without Charge Held a Violation of TCPA
Recently, the United States Court of Appeals was called upon to determine whether an unsolicited call that did not result in a charge to the consumer violated the Telephone Consumer Protection Act (“TCPA”) and, if it did, was the harm sufficiently concrete to provide plaintiff with standing to sue. Susinno v. Work Out World, Inc.
Claim For Violation of Wiretap Act Not A Slam Dunk under Spokeo
A motion to dismiss has been filed in a California case filed by a New York woman who claims that the National Basketball Association’s Golden State Warriors violated the Electronic Communications Privacy Act (the “Wiretap Act”), 18 U.S.C. § 2510, et seq., by distributing a mobile content app that invades users’ privacy by turning
No Harm, No Foul (And No Class Action Lawsuit): TCPA Class Action Dismissed For Failure to Allege Harm
Earlier this month, United States District Court Judge Peter Sheridan dismissed a class action brought against Work Out World (“WOW”) under the Telephone Consumer Protection Act (TCPA). In doing so, Judge Sheridan relied on the recent decision by the United States Supreme Court in Spokeo, Inc. v. Robins.
The named plaintiff, Norreen Susinno,
Supreme Court to Examine Standing Under FCRA
The U.S. Supreme Court recently decided to hear a case brought under the Fair Credit Reporting Act (“FCRA”) to determine whether individual consumers have standing to sue a consumer reporting agency for statutory violations of the FCRA when no “actual damages” were suffered by the consumer.
The FCRA, like other privacy laws, imposes monetary damages
Recruiter Misuse of Social Media Can Increase Risk of Liability
Recruiters are increasingly turning to social media to screen and recruit candidates. Jobvite’s 2012 Social Recruiting Survey found that 92% of respondents plan to use social media for recruiting. Often, recruiters are viewing and considering information that should not be utilized in the hiring process. LinkedIn is replete with information that should not be considered