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We are pleased to present our second quarter 2024 update to the New England and First Circuit Class Action Tracker, which focuses on class action filings in state and federal courts within the boundaries of the First Circuit...more
This week, two class actions were filed in the U.S. District Court for the Eastern District of Pennsylvania against David’s Bridal based on two data breaches. The actions allege that David’s Bridal failed to protect the...more
A federal court in Maryland recently granted a motion for class certification by consumers who brought negligence, breach of contract, and consumer protection claims against hotel franchisor Marriott International and data...more
Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more
Theft of personal information does not by itself entitle the victim to damages in Canada; proof of loss or harm is required, the Alberta Court of Appeal held recently in Setoguchi v Uber BV. This, and other recent decisions,...more
In a trilogy of rulings released on November 25, 2022, the Ontario Court of Appeal (“Court”) has ruled that the tort of intrusion upon seclusion cannot extend to companies that collect and store personal information and fall...more
The Ontario Court of Appeal recently ruled that an organization that fails to take adequate steps to safeguard personal information in its possession cannot be held liable under the tort of intrusion upon seclusion when that...more
US Federal Appellate Court Issues Opinion on Proof of Injury in Data Breach Cases - On September 2, 2022, the U.S. Court of Appeals for the Third Circuit reinstated a class action lawsuit that had previously been dismissed...more
The class action lawsuit will continue against ParkMobile LLC for a data breach that affected 21 million users of the parking app (Baker v. ParkMobile LLC).The ParkMobile app allows users to pay for parking without having to...more
Last week, Mediant Communications Inc. (Mediant) settled a class action lawsuit in the U.S. District Court for the Southern District of New York stemming from a 2019 data breach in which hackers accessed 200,000 individuals’...more
In Stewart v. Demme, the Ontario Divisional Court (the “Court”) overturned the certification of an intrusion upon seclusion claim in a data breach class action against a hospital, where a nurse used patient health records to...more
Plaintiffs filed suit in the District Court for the District of Delaware against Shopify Inc. and TaskUs Inc., alleging that the companies failed to implement measures to prevent a data breach that resulted in a breach of...more
Second Circuit Denies Settlement of Data Breach Case Due to Lack of Standing - As we previously reported, in April 2021, the Second Circuit became the latest federal circuit to hold that an individual may establish Article...more
This week, a North Carolina federal judge denied Filters Fast LLC’s motion to dismiss a proposed data breach class action, ruling that the plaintiffs demonstrated adequate harm to satisfy Article III standing....more
This week, Volkswagen AG’s U.S. entity and its Audi brand were hit with a class action for a data breach that allegedly compromised 3.3 million consumers’ personal information. ...more
In McMorris v. Carlos Lopez & Associates, LLC, a data breach case, the Second Circuit held that plaintiffs may demonstrate standing based on a theory of “increased risk” of future identity theft or fraud following an...more
A federal appeals court recently addressed whether employees had standing to bring a lawsuit when their personally identifiable information (PII) was inadvertently circulated to other employees at the company, with no...more
North American IT company Presidio faces a proposed data breach class action by an employee for an incident involving employee data. Eric LaPrairie, a former Presidio employee, received a notice of a data breach from...more
The California Consumer Privacy Act (CCPA or Act) went into effect on Jan. 1, 2020. A first-of-its-kind law in the United States, the CCPA grants California residents expansive rights over businesses' collection, use and...more
The first wave of California Consumer Privacy Act litigation has begun to roll in, and the complaints are already raising interesting questions about the scope of CCPA’s private right of action. The actions assert a variety...more
Takeaway: In a data breach class action, the typical panoply of claims asserted include tort claims (such as negligence and negligence per se), contractual claims (such as claims for breach of express and implied contracts),...more
California continues to lead on data privacy protection. Since the adoption of the California Consumer Privacy Act (CCPA), cracking down on data breaches and promoting consumer privacy has remained a priority in the state....more
Takeaway: A key issue in data breach litigation is whether a data breach plaintiff has alleged facts sufficient to establish a cognizable injury. In Collins v. Athens Orthopedic Clinic, P.A., S19G0007, 2019 WL 7046786 (Ga....more
Negligence. For the last five years, BCLP has published the leading analysis of data breach class action litigation. As part of that study, BCLP has reviewed every data breach class action complaint against a private company...more
Takeaway: Plaintiffs in data breach class actions usually assert common law tort claims, such as claims for negligence, gross negligence, and negligence per se. Negligence claims, however, require the breach of a recognized...more