For the second time in less than a year, the Eleventh Circuit has vacated a district court’s approval of a class action settlement on the ground that the named plaintiffs lacked standing to seek the injunctive relief component of the settlement. In Smith v. Miorelli, 2024 WL 7700360 (11th Cir. Feb. 26, 2024), the court…
Tag: Standing
Failure of Loss Causation Does Not Negate Standing in § 10(b) Securities Fraud Action
The Eleventh Circuit recently held that Article III standing is not negated by a failure to state a claim on loss causation grounds. Carpenters Pension Fund of Ill. v. MiMedx Grp., Inc., 73 F.4th 1220 (11th Cir. 2023). Carpenters, the lead plaintiff in this consolidated securities class action, purchased and sold stock in MiMedx, a…
Plaintiff Has Standing to Assert Agency-Based TILA Claim Against Home-Improvement Financing Company
A plaintiff had Article III standing to bring a Truth in Lending Act (“TILA”) claim against a home improvement financer, based on a theory that a heating and air conditioning contractor company acted as agent for the financer. Walters v. Fast AC, Ltd. Liab. Co., 60 F.4th 642 (11th Cir. 2023) Gary Walters, a 70-year-old…
Single Unwanted Text Enough For TCPA Standing
In an unusual showing of unanimity, the full Eleventh Circuit held that a single unwanted text is enough to confer Article III standing to assert a claim under the Telephone Consumer Protection Act. Drazen v. Pinto, 2023 WL 4699939 (July 24, 2023). The original panel opinion, vacated by the grant of rehearing en banc, arose…
Court Nixes Class Settlement Approval for Lack of Representatives’ Standing to Seek Key Injunctive Relief
The Eleventh Circuit recently vacated approval of a class settlement which included, as an integral part, injunctive relief that no class representative had Article III standing to seek. Williams v. Reckitt Benckiser LLC, 2023 WL 2906311 (11th Cir. Apr. 12, 2023), was brought on behalf of a class of individuals who purchased “brain performance supplements”…
Full Court to Rehear Uninjured Class Member TCPA Standing Case
The en banc Eleventh Circuit announced on March 13 that it would rehear Drazen v. Pinto and vacated the panel opinion. As discussed in our post on the panel decision, the case addresses whether class members who lack Article III standing with respect to the claims asserted by the class are nonetheless permitted to receive…
Sharing Information with Trusted Vendors Does Not Confer Article III Standing for FDCPA Claim
The en banc Eleventh Circuit has issued its third and presumably final opinion in the tortured history of Hunstein v. Preferred Collection & Management Services, Inc., 2022 U.S. App. LEXIS 25233 (11th Cir. Sept. 8, 2022). The court held that the plaintiff failed to allege facts sufficient to establish Article III standing to assert a…
Settlement Class Defined to Include Uninjured Members Cannot Be Approved
An appeal concerning the meaning of coupon settlements under the Class Action Fairness Act instead produced an important opinion, Drazen v. Pinto, 2022 LEXIS 20766 (11th Cir. July 27, 2022), addressing the certification of classes that are defined to include members who have not been injured. Some background may be helpful in understanding the ruling….
Receiver for Entity Involved in Fraud Lacked Standing to Bring Aiding and Abetting Claims against Bank
A divided Eleventh Circuit panel held in Perlman v. PNC Bank, N.A., 38 F.4th 899 (11th Cir. June 27, 2022), that a court-appointed receiver lacked standing to bring claims against the bank which, he alleged, aided and abetted the fraudulent scheme committed by the companies for which he was appointed receiver. The receiver’s action was…
FDCPA Standing Case To Be Reheard En Banc
The full court will rehear Hunstein v. Preferred Collection & Mgmt. Svcs., Inc., in which a panel of the court determined that a consumer had standing to challenge under the FDCPA a debt collector’s provision of information to a third-party mail service. You can read our prior post on the case here.