Split En Banc 11th Circ. Vacates $6.3M Godiva FACTA Deal
Law360 (October 28, 2020, 11:32 PM EDT) -- While Godiva did violate the Fair and Accurate Credit Transactions Act by including 10 credit card digits on shoppers' receipts, the shoppers have not properly alleged any concrete harm and therefore lack standing, a split en banc Eleventh Circuit ruled Wednesday while nixing a previously approved $6.3 million class settlement.
In a published 7 to 3 decision, with three dissenting opinions, the majority — led by U.S. Circuit Judge Britt Grant — vacated a panel ruling that upheld the proposed deal, finding that named plaintiff David Muransky's allegation amounts to a "bare procedural violation, divorced from any concrete harm."
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!