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First Post-Spokeo Decisions Leads To Dismissal Of TCPA Cases

In May, the U.S. Supreme Court changed the way plaintiffs around the country were allowed to pursue companies that violate certain consumer protection statutes. In the case of Spokeo v. Robins, the Court held that consumers needed to show proof of an actual, concrete injury before suing a company for violating the law.

As a result of Spokeo, courts around the country have been dismissing class action lawsuits. For instance, in Wisconsin a federal judge recently dismissed a class action lawsuit against Time Warner Cable. The plaintiffs had alleged that the company had improperly retained its customers’ personal information after their cable contracts were terminated. Even though this violated the Cable Communications Policy Act, the judge held that the plaintiffs could not prove that they had suffered actual harm.

Elsewhere in the Midwest, a federal court there dismissed a putative class action suit against Ohio State University. The plaintiffs in that case had alleged that when they applied for a job with the university, the university failed to include all of the terms in their employment contracts which were required under the Fair Credit Reporting Act.

Finally, a federal district court in Maryland dismissed a class action lawsuit against a hospital which had allowed hackers to gain access to patient information. Even though the plaintiffs could prove that the breach allowed the hackers to access to the patients’ names, addresses, birthdates, Social Security numbers, and private health care data, the judge in that case also held that the plaintiffs had not alleged a concrete injury.

These cases are concerning for plaintiffs who have been harmed by a company’s failure to follow the law. In the hospital case, for example, the patients whose confidential data was exposed could end up having their identity stolen and their credit ruined. However, they will have to wait until this actually happens to seek justice from the company that mishandled their information.

If you were the victim of identity theft or had your private financial information mishandled by a negligent company, you may still be able to file a lawsuit. Learn more about your legal rights and options by contacting Loan Lawyers today. Schedule your free consultation now by calling (888) FIGHT-13 (344-4813).
  • ABC News
  • American Civil Liberties Union
  • CBS 4
  • CNN
  • Daily Business Review
  • Florida Trend's - Florida Legal Elite 2014
  • Florida Trend's - Florida Legal Elite 2014
  • National Association of Consumer Advocates
  • National Association of Consumer Bankruptcy Attorneys
  • NBC News
  • National Consumer Law Center
  • The New York Times
  • Avvo
  • Avvo
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