Tag Archives: Damages

Judge Reduces Punitive Damages Against Equifax in FCRA Suit

A federal judge on Wednesday reduced a jury’s punitive damages award against Equifax from more than $18 million to $1.62 million, after finding that the jury’s award was unconstitutionally excessive despite Equifax’s “reprehensible” conduct in violating the Fair Credit Reporting Act. Plaintiff Julie Miller sued Equifax under FCRA for failing to correct mistakes in the … Continue Reading

Supreme Court Rules In Favor of Comcast; Class Improperly Certified

Last week, in Comcast Corp. et. al. v. Behrend et al., the United States Supreme Court reversed the Third Circuit’s decision to certify a class of Comcast subscribers allegedly harmed due to practices of Comcast in the Philadelphia “cluster” that supposedly lessened competition and resulted in supra-competitive prices.  A 5-4 majority of the Court held that … Continue Reading

Seventh Circuit Strikes VPPA Claim for Retention Damages

The Seventh Circuit held yesterday, in a decision written by Judge Posner, that damages are not available under the Video Privacy Protection Act (“VPPA”) for violations of the statute’s data deletion requirement, only for unlawful disclosures of video-viewing information.  Subsection (b) of the VPPA prohibits knowing disclosure of personally identifiable information that identifies a person … Continue Reading

In re iPhone Application Litigation Dismissed

Yesterday, Judge Lucy Koh of the U.S. District Court for the Northern District of California granted defendants’ motions to dismiss the consolidated, amended complaint in In re iPhone Application Litigation for lack of Article III standing, with leave to amend.  In finding lack of standing, the Court stated that plaintiffs’ allegations were “clearly insufficient” as … Continue Reading

Starbucks Employees Affected By Data Breach Have Standing To Sue In Federal Court

Last week, the Ninth Circuit issued two opinions in connection with the theft of an unencrypted laptop that contained personal information about Starbucks employees.  First, the court held in a published opinion that Starbucks employees whose names, addresses and Social Security numbers were on the stolen computer could show that they had suffered enough injury … Continue Reading
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