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Massachusetts Court Denies Certification of Privacy Class Action for Failure to Meet Ascertainability Requirement

On February 14, 2025, in Therrien v. Hearst Television, Inc., the District of Massachusetts denied a motion for class certification due to the plaintiff’s failure to meet the implied ascertainability requirement of Rule 23....more

Massachusetts Supreme Judicial Court Rejects Wiretap Claims Based on Website Tracking

In a closely watched decision, the highest court in Massachusetts has rejected the theory that third-party website tracking technology violates G. L. c. 272, § 99, the Massachusetts Wiretap Act....more

Federal Courts in the First Circuit Continue to Grapple with Privacy Class Action Claims

In 2023, we discussed the uptick in data privacy and cybersecurity class action lawsuits; as expected, this trend has persisted throughout 2024 as plaintiffs continue to test new theories of liability and the boundaries of...more

New Wave of Consumer Privacy Regulation: What Businesses Need to Know

For businesses that collect, process, and explore innovative uses of personal information, last month marked a watershed moment in the ongoing evolution of the U.S. regulatory landscape. Cracking down on the cosmetics brand...more

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