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O'LEARY v. TRUSTEDID, INC.

No. 21-2144.

60 F.4th 240 (2023)

Brady O'LEARY, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. TRUSTEDID, INC., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 21, 2023.

Attorney(s) appearing for the Case

ARGUED: David Andrew Maxfield , DAVE MAXFIELD, ATTORNEY, LLC, Columbia, South Carolina, for Appellant. Ashley Charles Parrish , KING & SPALDING LLP, Washington, D.C., for Appellee. ON BRIEF: Justin T. Holcombe , SKAAR & FEAGLE, LLP, Woodstock, Georgia, for Appellant. Gabriel Krimm , Washington, D.C., Zachary A. McEntyre , Robert D. Griest , KING & SPALDING LLP, Atlanta, Georgia, for Appellee.

Vacated and remanded with instructions by published opinion. Judge Diaz wrote the opinion, in which Judge Agee and Judge Quattlebaum joined.

Brady O'Leary appeals the dismissal of his claim against TrustedID, Inc. under South Carolina's Financial Identity Fraud and Identity Theft Protection Act (the "Act"), S.C. Code Ann. § 37-20-180. The district court held that O'Leary alleged an Article III injury in fact but failed to state a claim under the Act. O'Leary...

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