Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupport
Contact Us
Search
Close

Eleventh Circuit sua sponte vacates prior Spokeo opinion

By Jeremy Retherford & Adam Israel on April 30, 2019
Email this postTweet this postLike this postShare this post on LinkedIn

Last October, we reported here how the Eleventh Circuit in Muransky v. Godiva had broken with other circuits regarding the application of the Supreme Court’s opinion in Spokeo v. Robins. Last week, the Eleventh Circuit sua sponte vacated its October 2018 opinion and issued a new opinion.

Like its earlier opinion, the Court’s April 2019 opinion held there was a concrete injury sufficient to support standing. The Court reiterated its conclusion was based on (1) the close relationship between the risk of identity theft and the common law tort of breach of confidence and (2) the Court’s finding that Congress judged the risk of identity theft Mr. Muransky suffered to be sufficiently concrete to confer standing.

The April opinion argued the Eleventh Circuit’s holding was not actually in conflict with conclusions reached by the Second, Seventh, and Ninth Circuits in recent FACTA cases (discussed in our original post). The Court explained that those cases involved merchants printing receipts that include a credit card expiration date, whereas the merchant in Muransky printed the first six and last four digits of Mr. Muransky’s credit card number on his receipt. The April opinion also addressed a Third Circuit opinion issued in March 2019 – Kamal v. J. Crew Grp., Inc., 918 F.3d 102 (3d Cir. 2019) – which reached a different conclusion regarding the Credit and Debit Card Receipt Clarification Act of 2007 than the Eleventh Circuit reached in Muransky.

Despite the publication of this new opinion, we may not have heard the last of Muransky from the Eleventh Circuit. A petition for rehearing en banc, filed by Godiva and supported by amicus briefs from the Chamber of Commerce of the United States of America and Six Flags Entertainment Corporation is still pending before the court.

Photo of Jeremy Retherford Jeremy Retherford
Email
Photo of Adam Israel Adam Israel

Adam is a Partner in Balch & Bingham’s Birmingham office.  Adam’s practice primarily centers on financial services litigation, general commercial litigation, and appellate litigation in both federal and state court.  Adam has represented lenders in a variety of contexts, including suits regarding real…

Adam is a Partner in Balch & Bingham’s Birmingham office.  Adam’s practice primarily centers on financial services litigation, general commercial litigation, and appellate litigation in both federal and state court.  Adam has represented lenders in a variety of contexts, including suits regarding real estate title disputes, card processing disputes, promissory note disputes, and securities-related disputes.

Read more about Adam IsraelEmail
Show more Show less
  • Posted in:
    Appellate and Supreme Court
  • Blog:
    Southeast Financial Litigation Monitor
  • Organization:
    Balch & Bingham LLP

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
  • About LexBlog
  • The Field We Built
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo