News & Analysis as of

Class Action Data Privacy

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.
Constangy, Brooks, Smith & Prophete, LLP

Data collection on corporate websites is a litigation risk

Businesses continue to be subjected to a steady stream of consumer class action lawsuits alleging improper collection or disclosure of information from their websites. A variety of laws and legal claims are used to support...more

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

Baker Botts L.L.P. on

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

Bennett Jones LLP

Judicial Economy, Access to Justice and Certainty in the Law

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The Supreme Court of Canada’s Denial of Leave to Appeal in the Intrusion Upon Seclusion Trilogy - On July 13, 2023, the Supreme Court of Canada denied leave to appeal from three Ontario Court of Appeal decisions declining...more

Robinson+Cole Data Privacy + Security Insider

Biometric Data Collection Leads to Class Action Lawsuit under Illinois Privacy Law

Candid Color Systems Inc., based in Oklahoma, faces a class action lawsuit for its alleged violations of the Illinois Biometric Information Privacy Act (BIPA). Candid Colors offers marketing services to photographers,...more

King & Spalding

Illinois BIPA Reform Takes Effect

King & Spalding on

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

Seyfarth Shaw LLP

Governor Pritzker Signs Amendment Limiting Damages To A Single Recovery

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Earlier this year, we reported that the Illinois Senate passed Senate Bill 2979 with a vote of 46 to 13, and the Illinois House of Representatives passed Senate Bill 2979 with a vote 81 to 30. This bill addressed concerns...more

Pierce Atwood LLP

2024 Second Quarter Class Action Update: Trends in First Circuit Class Actions

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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

Morgan Lewis

Key Takeaways: Developments and Trends in Privacy Law: a Look at BIPA and Wiretapping Litigation

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The latest developments under the Biometric Information Privacy Act (BIPA) and a recent wave of wiretapping class actions and arbitrations against website operators and third-party analytics companies are analyzed in a recent...more

Troutman Pepper

30 States Urge Ninth Circuit to Reinstate Data Privacy Lawsuit

Troutman Pepper on

In an unusual move, attorneys general (AG) from 30 states and the District of Columbia filed a bipartisan amicus brief in the Ninth Circuit supporting efforts to revive a proposed class action against payment processor...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

Clark Hill PLC

Right To Know - July 2024, Vol. 19

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

Husch Blackwell LLP

U.S. Privacy Litigation Update: June 2024

Husch Blackwell LLP on

Keypoint: Courts reject personal jurisdiction arguments and suggest the Shopify decision will be overturned; Courts continue to show differing approaches to VPPA claims at the pleading stage with a large VPPA class action...more

Alston & Bird

Class Action & MDL Roundup 2024 Q1 – Reaching Across the Pond

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2024. In this edition, UK High Court weighs in on information asymmetry, debit is better than credit,...more

Benesch

Noteworthy Biometric Information Updates to the Ever-Changing Legal Landscape

Benesch on

Meta Lays the Groundwork for Potential Sea Change in BIPA Litigation - In Zellmer v. Meta Platforms, the Ninth Circuit evaluated an appeal from summary judgment entered in favor of Meta. This case stemmed from the...more

Clark Hill PLC

From Song Beverly to CIPA: Wave of Privacy Litigation in California Targets IP Addresses

Clark Hill PLC on

An Internet Protocol (IP) address is a unique identifier assigned to a device that is connected to a computer network. In the internet ecosystem, the IP allows a network host to communicate with a network participant and...more

Sheppard Mullin Richter & Hampton LLP

What Does an Adaptable Privacy Program Look Like?

Privacy professionals know “adaptable” programs are important. But what does that really mean? What does it look like? And how do we create one? We know that with the never-ending list of new laws and modifications to...more

Epiq

The Rise of ADA and Data Breach Class Actions

Epiq on

Class action lawsuits have been on a record-setting upward trend in recent years and they aren’t showing any signs of slowing. According to the Duane Morris Class Action Review 2024, settlement numbers reached unprecedented...more

Robinson+Cole Data Privacy + Security Insider

Marriott Faces Class Action for Alleged Violation of Illinois Biometrics Law

Last week Marriott Hotel Services was hit with a class action lawsuit for alleged violations of the Illinois’ Biometrics Information Privacy Act (BIPA). The lawsuit alleges that the hotel violated BIPA by requiring workers to...more

Robinson+Cole Data Privacy + Security Insider

Tennessee Passes Law Restricting Data Breach Class Action Suits

Tennessee Governor Bill Lee signed legislation on May 22, 2024, that will shield private entities from class action lawsuits stemming from a cybersecurity event unless the event was caused by willful, wanton, or gross...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

Seyfarth Shaw LLP

Illinois Legislative Update: BIPA Reform Bill Reducing Damages Approved by Illinois House, Awaiting Governor's Signature

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In a significant legislative development, the Illinois House of Representatives has overwhelmingly approved Senate Bill 2979, with a vote of 81 to 30, which amends the Illinois Biometric Information Privacy Act (BIPA) to...more

Morris, Manning & Martin, LLP

Unveiling The Pitfalls: The Real Risks Of Using RealPage

Over the last decade, apartment owners and managers have increasingly used algorithm-based software to set rents. This practice and its practitioners are now under scrutiny as many owners and operators are being investigated...more

Clark Hill PLC

The Learned Concierge - May 2024, Vol. 8

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The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Pierce Atwood LLP

Supreme Court Declines to Take Up Circuit Split on Whether Courts May Grant Class Certification by Averaging Different Class...

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On April 29, 2024, the Supreme Court issued an Order List indicating that certiorari had been denied in Brinker International, Inc. v. Steinmetz, Docket No. 23-648. The Eleventh Circuit Brinker Decision - Brinker was...more

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