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Who's Still "Standing" Following Spokeo, Inc. v. Robins?
From the first month of district court decisions issued since the United States Supreme Court decided Spokeo, Inc. v. Robins, No. 13-1339, 2016 WL 2842447, *3 (U.S. May 16, 2016), it appears the needle on Article III…
Spokeo Starting To Impact Class Certification Decisions -- Stay Tuned
We are often asked what we see as the most promising avenues for class action defense arising from the Supreme Court’s Spokeo decision. Our answer is that even if courts, post- Spokeo , give Congress wide latitude…
8th Circuit Upholds Data Breach Coverage for Bank Loss Following Hacker’s Fraudulent Transfer
Last week, the Eighth Circuit upheld a lower court’s ruling in State Bank of Bellingham v. BancInsure Inc., finding that a bank employee’s negligence in securing its computer network did not preclude coverage for a…
Agree to Disagree? CFPB Rule Would Prohibit Mandatory Arbitration Clauses, Require Submission of Arbitral Records
The Consumer Financial Protection Bureau released a proposed rule last week that would prohibit providers of consumer financial products and services from using pre-dispute arbitration agreements to prevent consumers…
Mobile App Providers Encouraged to Obtain User Consent Before Sharing Video Viewing Information with Any Third Party After Gannett Mega-damages VPPA Claim Moves Forward
If you offer a mobile application that allows consumers to watch videos of any kind, and if you share that video-viewing information with an analytics firm, take careful note: On April 29, in Yershov v. Gannett…