Tag Archives: Spokeo

Second Circuit Holds That State Statutory Law Can Create Legally Protected Interests That Support Article III Standing

In Maddox v. Bank of N.Y. Mellon Tr. Co., No. 19-1774 (2d Cir. May 10, 2021), a split panel holds that statutory damages under New York’s mortgage-satisfaction-recording statutes support Article III standing. New York’s mortgage-satisfaction-recording statutes, N.Y. Real P. Law (“R.P.L.”) § 275, N.Y. Real P. Actions & Proc. L. (“R.P.A.P.L.”) § 1921, provides anContinue reading “Second Circuit Holds That State Statutory Law Can Create Legally Protected Interests That Support Article III Standing”

Second Circuit Holds That the Costs of “Proactive Measures” to Avoid Identity Theft Is Not an Actual Injury for Title III Purposes

In McMorris v. Carlos Lopez & Assocs., LLC, No. 19-4310 (2d Cir. Apr. 27, 2021), the Second Circuit holds that state-law claims for an intraoffice data leak may constitute an “actual injury” for Article III standing purposes, though in this case plaintiffs factually failed to allege an injury for taking “proactive measures.” Defendant CLA “providesContinue reading “Second Circuit Holds That the Costs of “Proactive Measures” to Avoid Identity Theft Is Not an Actual Injury for Title III Purposes”