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."

"Muransky has...

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