Seventh Circuit Finds No Standing in Four FDCPA Appeals, Remands Fifth for Further Findings

On December 14 and 15, 2020, four different panels of the Seventh Circuit issued five published opinions, holding on various grounds that the Fair Debt Collection Practices Act (FDCPA) plaintiffs failed to plausibly allege an injury under Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016) … but holding in one case that there mightContinue reading “Seventh Circuit Finds No Standing in Four FDCPA Appeals, Remands Fifth for Further Findings”

“Pop Secret” Lawsuit Fails to Fluff, When Ninth Circuit Finds No Article III Standing

In McGee v. Diamond Foods, Inc., No. 17-55577 (9th Cir. Dec. 4, 2020), the Ninth Circuit affirms dismissal of a lawsuit against a snack food company alleging adulteration with an unhealthy ingredient, finding no Article III injury in fact. “McGee contends that Diamond engaged in unfair practices, created a nuisance, and breached the warranty ofContinue reading ““Pop Secret” Lawsuit Fails to Fluff, When Ninth Circuit Finds No Article III Standing”

County Clerk in New York Lacked Standing to Challenge State’s Driver’s License Access and Privacy Act on Preemption Grounds, Holds Second Circuit

In Kearns v. Cuomo, No. 19-3769 (2d Cir. Nov. 30, 2020), the Second Circuit holds that a county clerk failed to allege an Article III injury in a case that claimed a conflict between the demands of the federal Immigration and Nationality Act and a state law that restricts disclosure of data gathered from driver’sContinue reading “County Clerk in New York Lacked Standing to Challenge State’s Driver’s License Access and Privacy Act on Preemption Grounds, Holds Second Circuit”

$6.3MM FACTA Class Settlement Flushed on Spokeo Standing Grounds by En Banc Eleventh Circuit

In Muransky v. Godiva Chocolatier, Inc.,  No. 16-16486 (11th Cir. Oct. 28, 2020) (en banc), a 7-3 court (with two absententions) tossed a Fair and Accurate Credit Transactions Act (FACTA) settlement on the ground that the class representative did not allege a concrete injury from having too much of his credit card number printed onContinue reading “$6.3MM FACTA Class Settlement Flushed on Spokeo Standing Grounds by En Banc Eleventh Circuit”