The Need for Compensable Damage to Prove Standing
The United States Supreme Court has issued a decision in
Spokeo v. Robbins. In this Fair Credit Reporting Act (FCRA) case, the Supreme Court considered whether Congress can confer Article III standing on a plaintiff s right to bring an action based on a violation of a statute where that plaintiff has not otherwise suffered a concrete injury. The Supreme Court concluded that a plaintiff must suffer an injury-in-fact that is concrete and particularized to satisfy Article III standing, but it offered little guidance on what those terms mean.
Courts in the Seventh, Ninth, and Eleventh Circuits have all weighed-in on the standard. The Ninth Circuit explained that a procedural harm from a letter that allegedly failed to clearly identify the current creditor was insufficient. The Eleventh Circuit explained that a plaintiff lacks standing to bring a Fair Debt Collection Practices Act (FDCPA) case absent a showing of how the plaintiff wa
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January 28, 2021
On Wednesday in the Northern District of Illinois, a class-action complaint was filed against Aetna Better Health of Illinois. The lead plaintiff alleged that she received unsolicited text messages from the defendant, in violation of the Telephone Consumer Protection Act (TCPA).
The plaintiff received a text message from Aetna on Dec. 21, 2020, stating: “Hi, starting 12/01/20, you are now a member of Aetna Better Health of Illinois,” followed by a link to Aetna’s website. The message ended with “Not a member of ABHIL? Text WRONG,” the complaint shows.
However, the plaintiff was not insured by Aetna, so this message was confusing to her. She received additional messages on Dec. 23 and Dec. 28, 2020, after which she replied, “Stop,” according to the complaint. Aetna replied with “Messages about Branding have been stopped. Other important health and benefit messages still may be sent.” The plaintiff claimed to have received an
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WASHINGTON, Jan. 28, 2021 /PRNewswire/ Jenner & Block announced today that Madeleine V. Findley has joined the firm as a partner in its Washington, DC office. Ms. Findley, a former deputy bureau chief and associate general counsel at the Federal Communications Commission (FCC), has substantial experience in an array of complex, high-visibility communications policy matters, including net neutrality, broadband privacy, infrastructure deployment, and communications network regulation. She will be a partner in the firm s Communications, Internet, and Technology Practice and the Data Privacy and Cybersecurity Practice.
Jenner & Block Partner Madeleine Findley
Madeleine Findley has substantial experience in an array of complex, high-visibility communications policy matters.
Katten is on the hook for the fees and costs associated with a sanctions motion a plaintiff in a TCPA suit filed after one of the firm's defense attorneys contacted him while investigating the case, an Illinois federal judge ruled Tuesday.