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U.S. Court of Appeals for the Eleventh Circuit

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Case Updates

En banc Eleventh Circuit dismisses no-injury FACTA class action

October 28, 2020

The en banc Eleventh Circuit held that printing more credit-card digits on a receipt than federal law allows is not a concrete harm establishing Article III standing unless the plaintiff can show a material risk of identity theft. The U.S. Chamber filed a coalition amicus brief supporting this outcome.

U.S. Chamber files en banc brief urging Eleventh Circuit to reject no-injury FACTA class action that had permitted class action settlement where the named class members had suffered no injury

December 04, 2019

Click here to view the amicus brief filed jointly by the U.S. Chamber, National Retail Federation, and International Franchise Association.

Kevin B. Huff of Kellogg Hansen served as co-counsel for the amici.

Eleventh Circuit grants rehearing en banc in FACTA class action case, vacating panel opinion that had permitted class action settlement where the named class members had suffered no injury

October 04, 2019

Click here to view the rehearing order. The U.S. Chamber previously filed amicus briefs in support of panel rehearing, which the panel initially granted before reissuing its opinion with the same conclusion, and in support of rehearing en banc.

U.S. Chamber files amicus brief supporting renewed petition for rehearing

May 20, 2019

Click here to view the amicus brief filed by the U.S. Chamber, National Retail Federation, and International Franchise Association.

Kevin B. Huff and Jeremy S.B. Newman of Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. served as co-counsel for the amici.

Revised opinion issued

April 22, 2019

The three-judge panel in this case “sua sponte” issued a revised opinion concerning the Article III concerns the Chamber raised in its amicus brief. The petition for rehearing en banc remains pending before the Eleventh Circuit.

Click here to view the revised opinion.

U.S. Chamber joins coalition brief urging Eleventh Circuit to grant rehearing en banc to consider whether class settlement should have been approved due to lack of named plaintiff’s Article III standing in FACTA lawsuit

October 31, 2018

Click here to view the amicus brief filed by the Chamber, National Retail Federation, and International Franchise Association.

Kevin B. Huff and Jeremy S.B. Newman of Kellogg, Hansen, Todd, Figel & Frederick PLLC served as co-counsel for the coalition.

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