A Potential Circuit Split On Key Privacy Law

Law360, New York (April 11, 2013, 2:16 PM EDT) -- Companies whose businesses involve the collection or use of consumers’ personal information should keep an eye on the Seventh Circuit, which may be poised to trigger U.S. Supreme Court review of a key Ninth Circuit decision favoring privacy advocates.

In 2010, the Ninth Circuit held in Edwards v. First Am. Corp. that a plaintiff, who could show no “actual injury,” nonetheless had standing under Article III of the U.S. Constitution to challenge a purported violation of the Real Estate Settlement Procedures Act’s anti-kickback provision. The plaintiff...
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