Recently in Hunstein v. Preferred Collection and Management Services, Inc., the Eleventh Circuit issued a ground breaking decision concerning application Section 1692c(b) of the Fair Debt Collection Practices Act (“FDCPA”). A recent case suggests this decision may have broader application beyond its specific facts.
First, let’s take a look at Hunstein. In Huntstein
Here at CPW, we’ve covered many decisions addressing the need for Article III standing when pleading a claim in federal court. A recent decision out of the Seventh Circuit is the latest to affirm that requirement, this time under the Fair Debt Collection Practices Act (“FDCPA”).
In Markakos v. Medicredit, Inc., No. 20-2351, 2021
There is still time to register for CPW’s first virtual event next Tuesday, May 25 from 12-1 pm EST on The Colonial Pipeline Hack-Understanding Cyber-Attacks, Supply Chain Breaks and Data Breach Litigation Issues. And that webinar could not be more timely as data privacy litigation concerning the cyber incident is already underway.
This week, owners
Data breaches are on the rise, and with a rise in breaches comes an accompanying increase in data breach litigation. A recent class action settlement involving the largest online alcohol marketplace in North America, with retail partners in more than 1,400 cities, underscores how all companies across industries are impacted by this trend.
First, let’s
In case you missed it, below is a summary of recent posts from CPW. Please feel free to reach out if you are interested in additional information on any of the developments covered.
Every federal lawsuit requires standing for the court to have subject matter jurisdiction to hear the case, and standing requires an injury-in-fact. As seen from our coverage this morning out of the Second Circuit.
In Derrick McCray v. John E. Wetzel & President, No. 3:20-cv-139, 2021 U.S. Dist. LEXIS 73782 (W.D. Pa. Apr.
CPW has been tracking data breach litigations for some time, including how the Courts of Appeals have addressed the question of Article III standing. Yesterday the Second Circuit issued a monumental decision that attempts to weave together rulings from other courts to formulate a multi-factor standing analysis. McMorris v. Carlos Lopez & Assocs., 2021
In case you missed it, below is a summary of recent posts from CPW. Please feel free to reach out if you are interested in additional information on any of the developments covered.
In case you missed it, below is a summary of recent posts from CPW. Please feel free to reach out if you are interested in additional information on any of the developments covered.
A recent decision from the Supreme Court of New York confirms that to survive dismissal, plaintiffs in data breach actions must establish injury-in-fact through a showing of actual or imminent harm. In evaluating whether an alleged harm arising from a data breach is actual or imminent, New York courts apply a five-factor balancing test. Under