Gennock et al. v Kirkland's, Inc.

Court: Superior Court of Pennsylvania

Date: August 4, 2022

Issue on Appeal: Whether plaintiffs who suffered no concrete injury can bring claims under the Fair and Accurate Credit Transactions Act (FACTA) in state court, despite lacking standing to bring the same claims in federal court.

RLC’s Position: The RLC argues that uninjured plaintiffs cannot pursue FACTA claims in any forum. Allowing such claims in state court would undermine constitutional limits on standing, conflict with the Supreme Court’s decision in TransUnion, and enable forum shopping. The RLC emphasizes that permitting no-injury class actions would drive abusive litigation, increase costs for retailers, and create inconsistent enforcement of federal law across states.

Other Amici: National Retail Federation; Pennsylvania Restaurant & Lodging Association; Pennsylvania Retailers Association; Restaurant Law Center.

Counsel: Adam G. Unikowsky (Jenner & Block LLP); Meredith C. Slawe (Skadden, Arps, Slate, Meagher & Flom LLP); Deborah R. White (Retail Litigation Center); Stephanie Martz (National Retail Federation); Angelo Amador (Restaurant Law Center).

Co-Filed Brief (8/4/22)