Disclosure of Additional Digits on a Credit Card Receipt Sufficient to Confer Article III Standing to Bring a FACTA Claim
Posted on Oct 5, 2018 in Consumer Protection | Comments Off on Disclosure of Additional Digits on a Credit Card Receipt Sufficient to Confer Article III Standing to Bring a FACTA Claim
The Eleventh Circuit has held that a plaintiff has standing to pursue a claim under the Fair and Accurate Credit Transactions Act (“FACTA”) if a merchant discloses too many digits of a credit card number on a receipt, even without subsequent misuse of the plaintiff’s identity or credit card. Muransky v. Godiva Chocolatier, Inc., 2018 WL 4762434 (11th Cir. Oct. 3, 2018). Muransky filed...
No Willful Violation of Fair Credit Reporting Act If Report Technically Accurate, Even If Misleading, Given Split on “Maximum Possible Accuracy”
Posted on Aug 28, 2017 in Consumer Protection | Comments Off on No Willful Violation of Fair Credit Reporting Act If Report Technically Accurate, Even If Misleading, Given Split on “Maximum Possible Accuracy”
In Pedro v. TransUnion LLC, 2017 WL 3623926 (11th Cir. Aug. 24, 2017), the Eleventh Circuit concluded that a consumer reporting agency did not adopt an “objectively unreasonable interpretation” of the Fair Credit Reporting Act (“FCRA”) when it stated on a consumer’s credit report that she was an authorized user of her parents’ credit card account (which later went into default) and...
NO TCPA LIABILITY FOR FAXES THAT DO NOT MARKET A PRODUCT
Posted on Jun 6, 2017 in Consumer Protection | Comments Off on NO TCPA LIABILITY FOR FAXES THAT DO NOT MARKET A PRODUCT
“Unsolicited advertisements” prohibited by the Telephone Consumer Protection Act (TCPA) do not include faxes that merely facilitate the purchase of a product but do not promote the sale of products, the Eleventh Circuit confirmed in Florence Endocrine Clinic, PLLC v. Arriva Medical, LLC, 2017 WL 2415966 (11th Cir. June 5, 2017). The defendant was a supplier of medical equipment...
ADA and RA Protect Hospital Patients’ Ability to Exchange Medically Relevant Information
Posted on May 10, 2017 in Consumer Protection, Jurisdiction | Comments Off on ADA and RA Protect Hospital Patients’ Ability to Exchange Medically Relevant Information
In Silva v. Baptist Health South Florida, Inc., 2017 WL 1830158 (11th Cir. May 8, 2017), the Eleventh Circuit clarified the standard for liability for ADA and RA effective-communication claims against hospitals. The court held that “the relevant inquiry is whether the hospitals’ failure to offer an appropriate auxiliary aid impaired the patient’s ability to exchange medically relevant...
Dismissal of VPPA Class Action Against CNN Affirmed, But Spokeo Standing Upheld
Posted on Apr 28, 2017 in Consumer Protection | Comments Off on Dismissal of VPPA Class Action Against CNN Affirmed, But Spokeo Standing Upheld
The Eleventh Circuit affirmed the dismissal of a putative class action against CNN in a case concerning the CNN app that the plaintiff downloaded to his iPhone. Perry v. Cable News Network, Inc., 2017 WL 1505064 (11th Cir. Apr. 27, 2017). The plaintiff Perry alleged that CNN violated the Video Privacy Protection Act (“VPPA”) by tracking his view of news articles and videos and...