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The End May Be Nigh For FACTA Claims

Law360, New York (October 11, 2017, 1:25 PM EDT) -- Until last month, the Eleventh Circuit appeared to be the last place for class action plaintiffs to pursue run-of-the-mill statutory damage claims for failure to properly truncate credit card numbers under the Fair and Accurate Credit Transactions Act (“FACTA”).[1] Over the past year, numerous federal courts — including two Courts of Appeals — have held that plaintiffs lack standing to pursue these claims because they’ve suffered no concrete harm. Now district courts in the Eleventh Circuit may be getting on board.

Last month, Judge Robert Scola in...
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