News & Analysis as of

Class Action Consent

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
BCLP

Arizona Spy Pixel Class Action Litigation Update

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Recently filed class action complaints allege that companies that utilize embedded trackers within emails, or “spy pixels” as the plaintiffs are calling them, violate Arizona law because they collect a “communication service...more

Venable LLP

Fast VAST Update: Plaintiffs Allege Autorenewal Violations against Multilevel Marketing Company

Venable LLP on

Last week, a class action was filed in California state court alleging that Optavia, a multilevel marketing (MLM) company selling weight loss products and services, violated California's Automatic Renewal Law (ARL). The case,...more

WilmerHale

Year In Review: 2023 BIPA Litigation Takeaways

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This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Clarifies Standards for Certifying a Class and Determining Treble Damages Under TCPA

Last week, the Ninth Circuit in True Health Chiropractic, Inc. v. McKesson Corp. (True Health II), No. 22-15710 (9th Cir. Oct. 25, 2023), affirmed the Northern District of California’s earlier ruling in True Health...more

Fox Rothschild LLP

What Can We Learn From Recent Wiretapping Lawsuits?

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Here is what we can learn from class action lawsuits filed in the last few days under the California Invasion of Privacy Act (CIPA), the Pennsylvania Wiretapping and Electronic Surveillance Control Act, and other...more

Benesch

Dispute Over Whether TCPA Litigator Invited Calls Make Her “Inadequate” to Represent Class

Benesch on

In the realm of TCPA class actions, the Central District of California’s decision in Wiley v. Am. Fin. Network, Inc. serves as a noteworthy (and positive) development. And it offers a blueprint for corporate defendants...more

Benesch

Don’t Hide Your Hyperlinks: (Successfully) Using Arbitration Agreements to Avoid Class Litigation

Benesch on

In the ever-evolving landscape of TCPA litigation, the recent case of Hooper v. Jerry Insurance Agency, LLC, No. 22-cv-04232, 2023 U.S. Dist. LEXIS 105247 (N.D. Cal. June 1, 2023) provides a noteworthy exploration of contract...more

Laner Muchin, Ltd.

Illinois Supreme Court Holds A Violation Of BIPA Occurs And Accrues With Each Scan

Laner Muchin, Ltd. on

The Illinois Supreme Court recently held in Cothron v. White Castle System, Inc., No. 128004 that a violation of the Illinois Biometric Information Privacy Act (the “Act” or “BIPA”) occurs and accrues every time a scan of a...more

Benesch

Biometric Bombshells: Twin Shots Across the BIPA Bow

Benesch on

Effective development and deployment of innovative technology is often a key differentiator among providers of transportation and logistics-related services. Of course, innovation can also create certain risks that must be...more

Dorsey & Whitney LLP

Tracking Online User Activity: HIPAA and Other Legal Risks

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The use of tracking technologies on websites and mobile applications (e.g., cookies) has become largely ubiquitous in our technology-driven world. Health care providers and organizations, for example, may use tracking...more

Laner Muchin, Ltd.

Illinois Supreme Court Rules a Five-Year Statute of Limitations Applies to BIPA Claims

Laner Muchin, Ltd. on

On February 2, 2023, the Illinois Supreme Court issued a long awaited ruling on Jorome Tims et al. v. Black Horse Carriers, Inc., No. 127801, a class action lawsuit alleging violation of the Illinois Biometric Information...more

Procopio, Cory, Hargreaves & Savitch LLP

New Class Action Litigation Aimed at Website Chat Features

Imagine you’re the CEO of a Midwest-based company operating an e-commerce website. You just attended the monthly sales and marketing presentation, and are pleased with the customer satisfaction and sales revenue numbers since...more

Eversheds Sutherland (US) LLP

Privacy litigation trend: Session replay software targeted under state anti-wiretapping statutes

Recently, US companies are experiencing a surging wave of consumer class action lawsuits alleging businesses and their software providers are violating state anti-wiretapping statutes and invading consumers’ privacy rights...more

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

First Jury Verdict Issued in Illinois Biometric Privacy Act Class Action

​​​​​​​On October 12, 2022, a federal jury in the U.S. District Court for the Northern District of Illinois concluded that a company violated the Illinois Biometric Information Privacy Act (Privacy Act or BIPA) 45,600 times...more

Levenfeld Pearlstein, LLC

Jury Awards Plaintiffs $228 Million in Illinois Biometrics Class Action

In the first biometrics privacy class action to go to trial in Illinois, last week a jury handed down a $228 million judgment against BNSF Railway Co. In the case of Rogers v. BNSF Ry. Co. (N.D. Ill., No. 19-cv-03083), the...more

Jackson Lewis P.C.

Federal Jury Sides with Plaintiffs in First Illinois Biometric Information Privacy Act Trial

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A jury in federal court in Chicago has returned a verdict for the plaintiff class in the first trial of a case involving claims under the Illinois Biometric Information Privacy Act (BIPA). Rogers v. BNSF Railway Co., No....more

Venable LLP

Lawsuit Targets Technical Requirements in California's Autorenewal Law

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​​​​​​​Autorenewal programs remain in the crosshairs for private class action plaintiffs, as evidenced by another lawsuit filed in California targeting numerous technical requirements in the state's automatic renewal law. ...more

King & Spalding

Seventh Circuit, Illinois Appellate Court Consider When BIPA Claims Accrue

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In a pair of decisions issued in late December, both the Illinois Appellate Court and the Seventh Circuit Court of Appeals considered whether claims brought under the Illinois Biometric Information Privacy Act (“BIPA”) accrue...more

Constangy, Brooks, Smith & Prophete, LLP

Illinois Biometric Act Has Been A Class Action Nightmare, But Things May Get Better

Although the motivation behind the Illinois Biometric Information Privacy Act – to protect individuals from having their unchangeable, biometric identities stolen or sold to the highest bidder – is noble, the class action...more

Carlton Fields

CF on Cyber: An Update on the Florida Security of Communications Act (FSCA)

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Since the beginning of 2021, more than two dozen class action cases have been filed in Florida state court under Florida's Security of Communications Act. The act has, in some form, been on the books for more than 50 years....more

Davis Wright Tremaine LLP

Challenges to Google's Collection of Web Browsing Data Survive Motion to Dismiss

A class action lawsuit will proceed against Google over its collection of data from users browsing in "incognito mode," as District Judge Lucy Koh denied Google's motion to dismiss on March 12, 2021. In Brown v. Google, Judge...more

Holland & Knight LLP

A New Wave of Class Action Lawsuits is Targeting Online Customer Tracking

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Plaintiffs' firms routinely attempt to assert old laws in new ways. One of the latest trends is the use of federal and state anti-wiretap laws as a vehicle to sue software developers and businesses for the use of ubiquitous...more

Faegre Drinker Biddle & Reath LLP

Timing Is Everything in Eleventh Circuit’s Renewed Consent Case

The Eleventh Circuit recently affirmed the entry of summary judgment in favor of a student loan servicer and its affiliate, finding that their nearly 2,000 calls did not violate the TCPA because the plaintiff had renewed his...more

Faegre Drinker Biddle & Reath LLP

District Court Decertifies TCPA Class Due to Consent Issues

The Central District of California recently decertified a class of TCPA plaintiffs because consent issues were so individualized that the plaintiffs could not satisfy the predominance requirement. Trenz v. On-Line...more

BCLP

Retailers Face Class Actions Based on Automatic Renewal of Fee-Based Loyalty Programs

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Retailers are being targeted by class action lawsuits alleging that automatic renewal of loyalty programs requiring an annual fee violates California law. In the past year and a half, more than 100 lawsuits have been filed...more

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