April 5, 2016 — Maurice Wutscher’s Donald Maurice speaks about a new wave of putative class actions being waged against companies in Corporate Counsel’s April cover story, Out of Focus, Plaintiffs Lawyers Take Aim at Web Access and Privacy.
The suits involve cutting edge technology, such as biometrics, website accessibity and e-commerce.
Maurice discusses actions involving the Electronic Fund Transfer Act and whether a favorable U.S. Supreme Court decision in Spokeo Inc. v. Robins may curtail their filings by imposing stricter standing requirements.
Author Jan Wolfe writes, “But even if the defense bar gets a win in Spokeo—which, again, got more unlikely with Scalia’s death—these cases will likely continue, predicts Maurice. He points out that Spokeo only deals with whether ‘noinjury’ plaintiffs have standing to sue in federal court. No matter what happens, plaintiffs can still bring EFTA cases in state court. The statute explicitly states that federal courts and state courts have concurrent jurisdiction.”
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