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Class Action Consumer Privacy Rights

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.
DLA Piper

Europe/Germany: Right to Bring Collective Action for Violations of Information Obligations Under GDPR

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Summary - In its judgement of 11 July 2024 (C-757/22), the European Court of Justice (‘ECJ’) ruled that the violation of a controller’s information obligations under Art. 12 and 13 GDPR, can be subject to a representative...more

Baker Botts L.L.P.

Lawline Sued under the VPPA

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On August 23, 2024, a proposed class action lawsuit was filed by Kamilah Jolly, against FurtherEd, Inc., doing business as Lawline, which centers on allegations that Lawline violated the Video Privacy Protection Act (VPPA)....more

Klein Moynihan Turco LLP

E-Mail Wiretap Case Dismissed

A Pennsylvania federal court recently granted a retailer’s motion to dismiss claims that its use of “spy pixels” in its commercial e-mail constitutes illegal wiretapping. In Hartley v. Urban Outfitters, Inc., No....more

Pierce Atwood LLP

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

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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

McDermott Will & Emery

Golden State of Mind: Anti-SLAPP Defense Versus Privacy Rights

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed a district court’s denial of a motion to strike a putative class action suit brought under Section 425.16 of California’s anti-SLAPP statute, finding that the case fell...more

Clark Hill PLC

Right To Know - July 2024, Vol. 19

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Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

Klein Moynihan Turco LLP

Buy Me Some Peanuts, Cracker Jack, And A TCPA Lawsuit

On June 17, 2024, a judge for the United States District Court for the Northern District of Illinois granted final approval of the class settlement reached by the parties in Lateano v. Chicago Cubs Baseball Cub, LLC. In his...more

K&L Gates LLP

Litigation Minute: State Statutes and the Private Right of Action (Generative AI Series: Part Two of Three)

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What You Need To Know In A Minute Or Less - Class action litigation challenging generative artificial intelligence (AI) has rapidly become a familiar feature of the legal landscape. While early, headline-grabbing complaints...more

Jenner & Block

Websites and Wiretap Laws: Emerging Trends in Privacy Class Action Litigation Risks

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As an onslaught of recent class actions allege, companies may be liable for eavesdropping and wiretapping based on the use of common analytics software on their platforms. For instance, in California, plaintiffs have filed...more

Sheppard Mullin Richter & Hampton LLP

DACA Recipient Accuses California Credit Union of ECOA Violations

On May 3, a California resident filed a class action lawsuit in federal court accusing a Los Angeles-based credit union of discriminatory practices, and raised a civil rights claim under 42 U.S.C. § 1981, and violations of...more

Clark Hill PLC

Right To Know - March 2024, Vol. 15

Clark Hill PLC on

Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....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

Seyfarth Shaw LLP

Is the Video Privacy Protection Act Losing its Allure?

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Anyone following trends in consumer class action litigation will know that consumer privacy was a primary focus of the plaintiff’s bar in 2023. And there are no signs this uptick in consumer privacy claims is slowing any time...more

Jackson Lewis P.C.

Cybersecurity Awareness Month Series: The California Consumer Privacy Act and Cybersecurity

Jackson Lewis P.C. on

There are numerous cybersecurity regulations and requirements for businesses to worry about but they may not be considering their cybersecurity regulations under privacy statutes. California was at the forefront of privacy...more

Jones Day

The Rise of US-Style Class Actions in the UK and Europe

Jones Day on

Class actions have been a feature of the litigation landscape in the USA for decades. Claimant-friendly procedures combined with an aggressive and well-funded plaintiffs’ bar have created fertile ground for these large,...more

Troutman Pepper

Homeowner Files Cert Petition Over Whether an HOA Assessment Qualifies as a “Credit Transaction” under the FCRA

Troutman Pepper on

The U.S. Supreme Court has been asked to decide whether a homeowner association (HOA) assessment constitutes a “credit transaction” under the Fair Credit Reporting Act (FCRA), which would open up an inquiry to the fundamental...more

Latham & Watkins LLP

Europäischer Gerichtshof ebnet den Weg für Massenklagen im Datenschutz

Latham & Watkins LLP on

Der Europäische Gerichtshof („EuGH“) legt die Anforderungen für Schadensersatz nach Art. 82 EU Datenschutz-Grundverordnung („DSGVO“) in einem neuen Urteil weit aus (Urteil vom 4. Mai 2023, C-300/21). Zwar trifft der EuGH...more

Barnea Jaffa Lande & Co.

Lawsuits and Enforcement: Privacy Violations through AI Tech

A number of lawsuits and regulatory proceedings filed last week focus on aspects of privacy protection and data security during use of artificial intelligence, specifically in relation to OpenAI’s ChatGPT software....more

Epiq

More Businesses Using Biometric Data Means More Regulation

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Biometric data continues to take up a massive amount of space in the digital universe. Fingerprints, facial scans, and voice recognition are staples of modern devices and are regularly integrated into business models....more

Carlton Fields

[Webinar] Website Tech Fueling Privacy Litigation: How to Reduce Your Risk - April 13th, 12:00 pm - 1:00 pm ET

Carlton Fields on

Website technologies (such as cookies, session-replay software, and other tools) are fueling a rise in privacy class actions and drawing regulators’ scrutiny. Plaintiffs’ attorneys are pursuing these claims under a variety of...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 24, 2022

North Carolina Power Outage Points to Homeland Security Long-Documented Threats to US Power Grid - “Moore County blackouts serve as reminder that nation’s electricity infrastructure could be vulnerable targets for domestic...more

Akin Gump Strauss Hauer & Feld LLP

Stemming the Tide: Seventh Circuit Deals (Final) Blow to Suspect Right of Publicity Privacy Class Actions Rising in the Courts

Over the last several years, the class action bar has targeted companies in a wave of putative class actions under state “right of publicity” statutes. Although they vary some around the edges, these statutes generally seek...more

ArentFox Schiff

Fashion Counsel: Privacy in the Retail Fashion Industry

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Between consumer demand for more transparency and anticipated 2023 privacy laws, companies may be vulnerable to class action lawsuits. Anthony V. Lupo invites Privacy, Cybersecurity, and Data Protection Partner Eva J. Pulliam...more

Robinson+Cole Data Privacy + Security Insider

Samsung Sued Under CCPA

A class action lawsuit, Seirafi et al v. Samsung Electronics America, Inc., Case 4:22-cv-05176-KAW, filed recently in the Northern District of California, alleges that Samsung’s unnecessary personal information collection,...more

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

Eyewear Virtual Try-On Tool Not Regulated by Illinois’ Biometric Information Privacy Act

​​​​​​​On September 8, 2022, an Illinois federal judge dismissed with prejudice a Biometric Information Privacy Act (Privacy Act or BIPA) class action against an online eyewear retailer over its virtual try-on (VTO) tool,...more

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