Muransky v. Godiva Chocolatier, Inc., No. 16-16486 (11th Cir. 2019)Annotate this Case
The Eleventh Circuit sua sponte vacated its previous opinion and publish this opinion in its place.
This appeal involved the approval of a class action settlement against Godiva for violating the Fair and Accurate Credit Transactions Act (FACTA) by printing more digits of his credit card number than the Act allowed. Objectors challenged the class settlement reached by plaintiff and Godiva, but the district court approved the settlement, class counsel's request for attorney's fees, and an incentive award for plaintiff. The court affirmed.
The court held that Congress judged the risk of identity theft plaintiff suffered to be sufficiently concrete to confer standing, and the risk of identity theft bears a close enough relationship to the common law tort of breach of confidence to make plaintiff's injury concrete. In this case, plaintiff alleged he suffered a heightened risk of identity theft as a result of a FACTA violation and his allegation was sufficient under Spokeo, Inc. v. Robins, 578 U.S. ___, 136 S. Ct. 1540 (2016). The court declined to follow the Third Circuit's rule that actual identity theft was required to bring a FACTA claim. Rather, the court held that Congress conferred the procedural right in FACTA to reduce the risk of identity theft.
This opinion or order relates to an opinion or order originally issued on October 3, 2018.