We recently discussed Facebook’s attempt to have the U.S. Supreme Court decide an important standing issue that was a key part of its defense against a lawsuit alleging violations of the Illinois Biometric Information Privacy Act (“BIPA”). CDIA filed an amicus brief in support of Facebook’s cert petition because the Constitutional constraints established in Article III are essential to prevent entrepreneurial plaintiffs’ class action lawyers from abusing the FCRA’s statutory damages provision to challenge any CRA activity as a willful violation even when the activity results in no consumer injury. Following the recent denial of cert by the Supreme Court, Facebook announced it reached a settlement with the plaintiffs for $550m.
Eric J. Ellman is Senior Vice President for Public Policy and Legal Affairs at the Consumer Data Industry Association (CDIA) in Washington, DC. He also served for eight months as Interim President and CEO of the Association. More