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Art. III Standing

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In Frank v. Gaos, the SCOTUS today placed further standing impediments to privacy and other purely statutory/no damages class actions, finding, following objections to the class action settlement, that the case should be remanded to determine standing under Spokeo.  The background facts were as follows: Three named plaintiffs brought class action claims against Google for alleged violations of the Stored Communications Act.… Read More

In Hagy v. Demers & Adams, 2018 WL 914953, at *3–5 (C.A.6 (Ohio), 2018), the Court of Appeals for the 6th Circuit held that "[w]e know of no circuit court decision since Spokeo that endorses an anything-hurts-so-long-as-Congress-says-it-hurts theory of Article III injury.".  Thus, the 6th Circuit held that a bare FDCPA violation without correlative injury did not vest Article III… Read More

In Provo v. Rady Childrens Hospital-San Diego, 2016 WL 4625556, at *2 (S.D.Cal., 2016), Judge Miller dismissed a Rosenthal Act claim with leave to amend because the Plaintiffs had not pleaded any concrete injury under Spokeo.  Here, the only harm Plaintiffs plead is in reference to phone calls made by CMRE's codefendant, Rady, which Plaintiffs allege caused “undue stress, anxiety, and frustration....”… Read More

In Quinn v. Specialized Loan Servicing, LLC, 2016 WL 4264967, at *4–5 (N.D.Ill., 2016), Judge Bucklo rejected a Spokeo challenge to an FDCPA class action grounded in the Defendant's alleged contact with represented debtors. I am unpersuaded. As an initial matter, despite SLS's suggestion to the contrary, Spokeo does not stand for the proposition that a procedural violation of a… Read More

In Daubert v. NRA Group, LLC, 2016 WL 4245560, at *4 (M.D.Pa., 2016), Judge Caputo found that a Douglass-glassine window violation confers Article III standing under Spokeo.  Similarly, here, Plaintiff's injury is also the unlawful disclosure of legally protected information. This injury is “clearly particularized,” as Plaintiff alleges that it was his personal identifying information that was disclosed. This injury… Read More