Spokeo at a Closer Look: Examining Its Impacts on Consumer Financial Services Litigations
Under Spokeo, a plaintiff must hold an Article III standing, which shows he has been explicitly injured or harmed by the defendant's actions. Specifically, the decision states that a mere claim of statutory violation under the Fair Credit Reporting Act ("FCRA") and Fair Debt Collection Practices Act ("FDCPA") is not sufficient to hold a standing under Article III. A number of courts have dismissed class action claims of statutory violation, such as in Hancock v. Urban Outfitters, Inc. and Gubala v. Time Warner Cable, Inc., which were both dismissed by their respective courts due to lack of standing as stated in Spokeo.
Following these recent rulings, it is important to know the impacts of the decision on consumer class actions in the wake of Spokeo, including financial services cases, privacy cases, and consumer product cases. In particular, while defendants have been challenging Article III standing in federal courts, plaintiffs have increasingly sought to refile in state court.
Our panel of key thought leaders and practitioners will offer a discussion of the fundamentals as well as updates regarding the latest and significant issues surrounding the impacts of Spokeo on consumer cases. This LIVE Webcast aims to help you be well-versed of the extents and other possible impacts of the said decision. Speakers will also offer best practices to help both the plaintiff and the defendant understand better the standing under Article III.
In this LIVE Webcast, the speakers will discuss:
- Review of Spokeo, Inc. v. Robins
- Analysis of the Courts Decision on Spokeo
- Article III Standing
- What is "standing" and what is "injury in fact"?
- Requirements for a "Concrete" Injury to Hold Article III Standing
- Study of Recent Cases Post-Spokeo
- Hancock v. Urban Outfitters, Inc.
- Gubala v. Time Warner Cable, Inc.
- Medellin v. Ikea U.S. West Inc.
- In re: Horizon Healthcare Services Inc. Data Breach Litigation
Snell & Wilmer L.L.P.
King & Spalding
Morrison & Foerster LLP
- Background on Spokeo (Karl)
- What is standing?
- Concrete Injury Test
- Analysis of case (Barry)
- Updates on interpretations affecting financial industry
- Implications/consequences of the case
- Financial services industry (Barry and Karl)
- Outside of financial services industry (Claudia)
- Procedural Issues (Claudia)
- Whether or not to argue standing?
- Plaintiffs’ use of Spokeo
- Procedural remand issues
Who Should Attend:
- Attorneys defending class actions
- Finance Lawyers
- Financial Litigation Lawyers
- Chief Financial Officers
- Corporate Counsel
- In-house Lawyers
- Arbitration Law Attorneys
- Litigation Officers
- Litigation Attorneys
- Senior Counsels
- Other Related and Interested Professionals
Karl Riley is an attorney in the Las Vegas office of Snell & Wilmer. He concentrates his practice in business and commercial litigation, labor and employment, and government relations. He represents the firm’s clients in various contract disputes, particularly in banking, real estate, entity control, business conflicts and a variety of financial issues. He also defends the firm’s clients in discrimination and harassment claims under Title VII and state law, as well as in wage and hour disputes. In addition, he is also a member of the firm’s Attorney Development and Diversity & Inclusion Committees.
Active in several bar organizations, Riley currently serves as President of the Las Vegas Chapter of the National Bar Association and is a member of the Executive Council of the Young Lawyers Section of the State of Nevada. He is a Past Chair of the Young Lawyers Division for the National Bar Association and chairs the National Advisory Board of the National Black Law Student Association. Riley is a board member of the Urban Chamber of Commerce and a previous board member of the Las Vegas Alumni Chapter of the Kappa Alpha Psi Fraternity.
He received his J.D. from Northwestern University School of Law and his B.S. from Washington University.
Karl Riley is an attorney in the Las Vegas office of Snell & Wilmer. He concentrates his practice in business …
Barry Goheen is a partner in King & Spalding’s Litigation Practice Group, and leads the firm’s privacy litigation practice. He focuses on consumer class actions and data breach and privacy litigation. He has been lead or co-counsel in dozens of class actions and individual cases in all aspects of privacy-related litigation, including actions arising from data breaches, employee background screening, and consumer credit/identity theft such as the Telephone Consumer Protection Act, the Fair Credit Reporting Act and its Fair and Accurate Credit Transactions Act amendment, and the Equal Credit Opportunity Act.
Mr. Goheen has served as lead or co-counsel in over 25 privacy-based class actions in state and federal courts, including over 20 class actions against consumer reporting agency alleging violations of Fair Credit Reporting Act, representing such clients as SunTrust Banks, Shell, Countrywide, Equifax, Bank of America, and Capital One.
Barry Goheen is a partner in King & Spalding’s Litigation Practice Group, and leads the firm’s privacy litigation practice. He …
Claudia Vetesi is Of Counsel in Morrison & Foerster’s San Francisco office. Her practice focuses on the defense of consumer class actions, and on complex commercial litigation, including unfair competition, false advertising, privacy issues, contract and licensing disputes, financial services litigation, and trade secrets misappropriation. She regularly counsels clients in the food, retail, financial, and technology industries. She also represents companies in false advertising disputes before the National Advertising Division (NAD) of the Council of Better Business Bureaus, Inc.
Ms. Vetesi is also an editor and frequent contributor to the firm’s Class Dismissed blog (classdismissed.mofo.com), which provides insights, recommendations, and timely reports on the latest defense news, developments, and trends in the most current class actions lawsuits and product liability issues that affect consumer-facing companies. She has also published articles on class action and false advertising issues, and is a co-author of Chapter 7, Unfair Competition, in California Business Litigation 2016, The Recorder.
Claudia Vetesi is Of Counsel in Morrison & Foerster’s San Francisco office. Her practice focuses on the defense of consumer …
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Method of Presentation:
Experience in consumer law
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
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About Snell & Wilmer L.L.P.
Founded in 1938, Snell & Wilmer is a full-service business law firm with more than 400 attorneys practicing in nine locations throughout the western United States and in Mexico, including Salt Lake City, Utah; Phoenix and Tucson, Arizona; Los Angeles and Orange County, California; Denver, Colorado; Las Vegas and Reno, Nevada; and Los Cabos, Mexico. The firm represents clients ranging from large, publicly traded corporations to small businesses, individuals and entrepreneurs. For more information, visit www.swlaw.com.
About King & Spalding
King & Spalding’s Data, Privacy & Security Practice includes more than 50 lawyers in offices across the United States, Europe and the Middle East. It’s team applies a multidisciplinary approach to the myriad statutory and regulatory requirements businesses face when handling—either in gathering, managing, securing, transferring, sharing, selling or disposing of—personal and other sensitive information concerning individuals such as employees, consumers, customers, or patients, in the U.S. and globally. This often entails assisting clients in responding to data security breaches, complying with security breach notice laws, avoiding potential litigation arising out of internal and external data security breaches, and, as necessary, defending litigation.
About Morrison & Foerster LLP
Morrison & Foerster was founded in San Francisco in 1883. Today, with approximately 1,000 lawyers in 16 offices across the U.S., Asia and Europe, Morrison & Foerster offers clients a comprehensive platform of global legal services, including extensive capabilities in the areas of corporate finance, mergers and acquisitions, tax, regulatory & compliance, litigation, and, project finance, among many others.
We leverage our substantial legal acumen to further one compelling mission: to deliver success for our clients. We do that by investing in long-term relationships with our clients and working to ensure we understand their businesses, concerns, and short- and long-term objectives. That’s the primary reason we are the first choice of leading technology, life sciences, healthcare, finance and consumer product companies worldwide.
Our clients rely on us for innovative and business-minded solutions. Therefore, we stress intellectual agility as a hallmark of our approach to client representation. We apply it to every matter – from the complex to the routine – to ensure the best outcomes for our clients.