Fla. Appeals Court Says Injury Needed for FACTA Standing

Carlton Fields Shareholder Aaron Weiss was quoted in a Law360 article about a Florida appeals court upholding a dismissal of a class action lawsuit against Red Wing Shoe Company over Fair and Accurate Credit Transactions Act (FACTA) violations after finding that the lead plaintiff lacked standing to sue because he suffered no harm.

Weiss, who was not involved in the case, told Law360 that the decision is the first from a Florida appellate court on the issue of standing for FACTA claims.

Without question, this is the most significant appellate decision for consumer class actions in Florida state court that has been issued in at least the last decade. This decision will go a long way in slamming the door shut anywhere in Florida for these types of claims.

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