News & Analysis as of

Statutory Damages

Benesch

Second Circuit Explodes Scope of VPPA with New Ruling in Salazar

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The Second Circuit’s decision in Salazar v. NBA, No. 23-1147 (2d Cir. Oct. 15, 2024) creates significant risk for companies that offer videos for viewing on their websites and significantly expands potential liability under...more

McDermott Will & Emery

If Provider Knew Product Would Be Used to Infringe, It Is a Contributor

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In a case brought by a group of record labels against an internet service provider (ISP) for contributory copyright infringement of more than 1,400 songs, the US Court of Appeals for the Fifth Circuit ruled that the provider,...more

Davis Wright Tremaine LLP

Digital Replicas and the First Amendment: The Latest in Artificial Intelligence Legislation

Image-generating technology is accelerating quickly, making it much more likely that you will be seeing "digital replicas" (sometimes referred to as "deepfakes") of celebrities and non-celebrities alike across film,...more

Klein Moynihan Turco LLP

TCPA Case Filings on the Rise!

Recently, a Telephone Consumer Protection Act (“TCPA”) case was filed against Sunflora, Inc. (“Sunflora”) in the Middle District of Florida for allegedly violating the prerecorded voice provisions of both the TCPA and Florida...more

Vondran Legal

G&G Closed Circuit Events Default Judgments Can be Risky Business

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We get a lot of questions about whether it is better to pay a large settlement to boxing piracy companies like Joe Hand Promotions, J&J Sports Production and G&G Closed Circuit Events. This blog seeks to provide important...more

Vondran Legal

G&G Closed Circuit Events litigation overview

Vondran Legal on

Restaurant, bar, club and tavern owners around the United States need to make sure they are properly licensing boxing fights for commercial usage before broadcasting the fight in their establishments.  There are several...more

Holland & Knight LLP

New York Consumer Protection Laws Gives Rise to Per-Violation Statutory Damages

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Relatively few consumer class action cases reach trial; most are settled or resolved through motion practice. The paucity of cases tried to judgment makes it notable when, as in the case discussed here, one goes all the way...more

Adams and Reese LLP

Too Little, Too Late: Florida Association Found Liable in Records Requests Lawsuit

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A Florida homeowners association was found liable in a records requests lawsuit that emphasizes the need for timely response and proper recordkeeping among community associations. The Fifth District Court of Appeal in...more

King & Spalding

Illinois BIPA Reform Takes Effect

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The long-awaited amendment provides immediate relief to corporate defendants from business-destroying liability - On August 2, 2024, Senate Bill 2979 went into effect limiting available damages under Illinois’ Biometric...more

Roetzel & Andress

Illinois Enacts Major Biometric Privacy Reform: What You Need to Know

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Governor J.B. Pritzker has signed Senate Bill 2979 into law, significantly amending the Biometric Information Privacy Act (BIPA), yet retaining the availability of statutory damages that have been so problematic for current...more

Fisher Phillips

Breaking BIPA News: Illinois Curtails Massive Damage Awards in Biometric Cases

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Nearly one and a half years after the Illinois Supreme Court saddled businesses with the potential for massive damage awards under the state’s landmark biometric law, Governor J.B. Pritzker just signed into law amendments...more

Shipkevich PLLC

Colorado Bankruptcy Trustees Target Debt Settlement Service Providers with Ambitious Interpretation of Statutory Damages

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Colorado bankruptcy trustees have recently been increasing their focus on debt settlement companies and attorneys alleged to be performing services in violation of the Colorado Uniform Debt-Management Services Act (“CUDMSA”...more

Marshall Dennehey

Pennsylvania Supreme Court to Review Constitutionality of Sovereign Immunity–Based Damages Cap

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Freilich v. Septa, No. 10 EAP 2024, review granted Mar. 11, 2024 - States, including the Commonwealth, enjoy immunity from suit and have since “before the ratification of the Constitution.” Goldman v. Septa, 57 A.3d 1154,...more

Baker Donelson

BIPA Amendments Passed by Illinois Legislature: What Companies Need to Know

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The Illinois General Assembly recently passed Senate Bill 2979 (SB 2979), an important piece of legislation that makes several much-needed amendments to the Illinois Biometric Information Privacy Act (BIPA). SB 2979 is now at...more

Mandelbaum Barrett PC

Avoid the Troll – How to Protect You and Your Business From Inadvertent Copyright Problems

Mandelbaum Barrett PC on

Copyright infringement filings continue to grow with 2023 seeing a 25% increase in cases according to year end federal court statistics. This surge is driven in large part by copyright assertion entities, or “copyright...more

McGlinchey Stafford

Massachusetts Federal Court Dismisses Borrower’s RESPA Claim After Borrower Fails to Plead Actual or Statutory Damages

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In April 2024, the United States District Court for the District of Massachusetts held in a matter of first impression that a borrower must allege actual damages to qualify for relief under the Real Estate Settlement...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Legislature Passes Bill to Clarify ‘Per-Scan’ Damages for Privacy Act Violations, Awaits Governor’s Signature

The Illinois General Assembly has passed a bill prohibiting claims for per-scan damages under the Biometric Information Privacy Act (Privacy Act or BIPA), legislatively overruling the Supreme Court of Illinois’s...more

Benesch

Illinois Lawmakers Moving Forward with Bill to Cap Penalties for “Per Scan” Violations under BIPA

Benesch on

Last April, the Supreme Court of Illinois found that a claim under the Biometric Information Privacy Act (“BIPA”) accrues each time a private entity collects or disseminates a biometric identifier or biometric information. ...more

ArentFox Schiff

IRS Data Leak Hits Home: Actions for Taxpayers in the Wake of the Littlejohn IRS Data Breach

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The Internal Revenue Service (IRS) has begun the process of informing over 70,000 taxpayers that their confidential tax information was leaked in a widespread breach by a former IRS contractor. Those impacted should take...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Lawmakers Nearing Passage of Bill to Stop ‘Per-Scan’ Damages for Privacy Act Violations

The Illinois legislature is considering a bill that would prohibit Biometric Information Privacy Act (Privacy Act or BIPA) per-scan damages and provide a potential lifeline to employers that face potentially catastrophic...more

Cozen O'Connor

Illinois BIPA Reform 2024 – Back Where We Started or Moving Forward?

Cozen O'Connor on

Last week, the Illinois Senate advanced the first significant BIPA amendment (SB 2979), passing it in the Senate by a vote of 46-13. The bill has broad Democratic support, and groups that have traditionally opposed BIPA have...more

Seyfarth Shaw LLP

Illinois BIPA Legislative Update Regarding Damages

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We are writing to inform you of significant legislative developments regarding the Illinois Biometric Information Privacy Act (BIPA) that may impact your operations in Illinois....more

Klein Moynihan Turco LLP

FTSA Standing

Readers of our blog may recall a recent article in which we discussed two Florida class action lawsuits that significantly limited telemarketing companies’ exposure in cases alleging violations of the Florida Telephone...more

Klein Moynihan Turco LLP

Significant CIPA Eavesdropping Lawsuit Dismissed

On March 15, 2024, a United States District Court for the Southern District of California granted Defendant’s Motion to Dismiss in the matter of Rodriguez v. Ford Motor Company. In her eavesdropping lawsuit, Plaintiff alleged...more

WilmerHale

Year in Review: CCPA Litigation Trends from 2023

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This post is part of a series of articles we are doing on 2023 data protection litigation trends. While the California Consumer Privacy Act (CCPA) is most known for its onerous privacy compliance obligations, the law also...more

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