D.S.C. · No. 4:26-cv-03808
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| Matter | Type | Practice area | Court | Date | Value |
|---|---|---|---|---|---|
| American Express National Banksource ↗ filed by Hays Cauley PC · Judge Sheria Akins Clarke · No. 4:26-cv-03808 · 15:1681 Fair Credit Reporting Act · view case timeline → Comparable settlements $51.75M–$725M ▾Privacy/wiretap tracking-tech claims split in comparables: Bayhealth and Gunnar Optiks survived MTD, while Tower Health's Meta Pixel claim and Nuance's biometric claim were dismissed. Outcome hinges on statutory technicalities (consent, exemptions) not yet tested against AmEx's specific facts. Comparable settlements $51.75M–$725M median $63.75M · n=10 Meta $725M · Google LLC $135M · Google LLC and Alp $68M Per member (realized): ~$29 median · $29–$29 (n=2) Comparable verdict: Google LLC $425.70M · Google LLC $425.65M Key precedent: Doe v. Bayhealth Medical Ctr. — confidentiality/tracking-tech claim against a financial-type institution survived MTD, showing viability of similar theories against AmEx. Main risk: Dismissal on statutory exemption grounds (e.g., financial-institution carve-outs) as in Nuance/BIPA §25(c), given AmEx's status as a bank. This defendant: Prior FCRA/FDCPA filing (Uqdah) suggests AmEx faces recurring consumer-statute exposure across theories. Rough EV model (wide — class size is the big unknown, not a prediction): $7.50M–$225M Small, heterogeneous comparable set; true class size and specific wiretap conduct (session replay vs. pixel vs. chat) unknown, limiting precision. · grounded in 8 rulings, 10 settlements, 4 verdicts | Filing | Privacy & Wiretap | D.S.C. | 2026-09-02 | $51.75M–$725M comparable settlements |