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Class Action Data Privacy Article III

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.
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

Kilpatrick

Spirit Airlines defeats wiretapping and invasion of privacy class action for failure to plead concrete harm sufficient to satisfy...

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The Western District of Pennsylvania recently granted Spirit Airlines, Inc. (“Spirit Airlines”)’s Rule 12(b)(1) motion to dismiss a class action brought by a putative class of plaintiffs who visited Spirit Airlines’ website...more

Troutman Pepper

EDVA Judge Dismisses Data Breach Class Action for Lack of Article III Standing

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The modern “Information Age” has been defined by rapidly increasing interconnectivity and dependence on the internet by consumers and businesses alike. One side effect of these technological advances has been the increasing...more

Orrick, Herrington & Sutcliffe LLP

4th Circuit remands privacy suit to state court

On February 21, the U.S. Court of Appeals for the Fourth Circuit held that a proposed class action over website login procedures belongs in state court. Plaintiff alleged that after a nonparty credit reporting agency...more

Pierce Atwood LLP

District of Massachusetts Dismisses Data Breach Class Action for Lack of Injury

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On October 18, 2022, in Webb v. Injured Workers Pharmacy, LLC, the District of Massachusetts dismissed a class action complaint brought by former pharmacy patients alleging that their sensitive personal information had been...more

Pierce Atwood LLP

First Circuit Court of Appeals Rules Website Tester Has Standing for ‘Informational Injury’, Deepens Circuit Divide

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On October 5, 2022, in Laufer v. Acheson Hotels LLC, the U.S Court of Appeals for the First Circuit reversed a lower court’s dismissal of a suit against Acheson Hotels, LLC, which operates an inn on Maine’s southern coast....more

ArentFox Schiff

Class Action Quarterly Update: Privacy and Data Protection

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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

Epiq

Supreme Court Raises Standing Requirements for Data Breach Class Actions

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With all the focus on data privacy, it is no surprise that courts are weighing in on this topic so that consumers can have more guidance about their legal options and organizations can tailor their breach response plans. On...more

Fisher Phillips

One Employee’s Accidental Email Leads To A Significant Data Breach Ruling in Federal Appeals Court

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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

Kilpatrick

Data Breach Class Actions – Eleventh Circuit Finds Allegations of “Increased Risk” of Harm Insufficient to Confer Standing

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Takeaway: In Tsao v. Captiva MVP Restaurant Partners, LLC, 986 F.3d 1332, 1339 (11th Cir. 2021), the Eleventh Circuit held that evidence of a “mere data breach” is not sufficient to establish standing where the hackers...more

Faegre Drinker Biddle & Reath LLP

The Eleventh Circuit Finds that Potential Future Misuse of Personal Information Does Not Confer Article III Standing in Data...

On February 4, 2021, the Eleventh Circuit Court of Appeals issued a critical opinion addressing Article III standing in private data breach actions, which has been the subject of a closely watched circuit split. The case,...more

Kilpatrick

BIPA class actions: Seventh Circuit endorses pleading strategy calculated to avoid removal to federal court

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Takeaway: As Judge Diane Wood of the Seventh Circuit recently observed in a putative class action alleging violations of Illinois’s Biometric Information Privacy Act (BIPA), “allegations matter” and “a plaintiff is the...more

Blank Rome LLP

Designing a BIPA Defense: Using Preemption and Arbitration to Defeat Biometric Class Actions

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Since the Illinois Supreme Court issued its seminal decision in Rosenbach v. Six Flags Entertainment Corp. in the beginning of 2019, companies using fingerprint scanners and other biometric technologies have faced a...more

Knobbe Martens

Data Breach: No Injury-in-Fact, Case Dismissed

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It well known that there are, unfortunately, many data breaches that frequently put private citizens’ data privacy in jeopardy. States have passed a variety of statutes aimed at addressing this problem in an attempt to...more

Seyfarth Shaw LLP

Plaintiffs Push For Preliminary Approval Of $550 Million Settlement In Facebook Privacy Class Action

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Seyfarth Synopsis: Plaintiffs’ lawyers reached a landmark $550 million settlement in January 2020 in a lawsuit against Facebook by consumers in a class action brought under the Illinois Biometric Information Privacy Act (the...more

King & Spalding

U.S. Supreme Court Declines to Review Article III Standing Issues Raised in Biometric Privacy Class Action Against Facebook,...

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On January 21, 2020, the U.S. Supreme Court denied Facebook’s petition for a writ of certiorari to consider whether consumers alleged a sufficiently concrete injury-in-fact in a biometric privacy lawsuit. A group of...more

Seyfarth Shaw LLP

“Untagging” From Photo Privacy Lawsuit: Facebook Settles Its Illinois Biometric Information Privacy Litigation For $550 Million

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Seyfarth Synopsis: On January 29, 2020, Facebook announced that it had reached a settlement with plaintiffs in a class action brought under the Illinois Biometric Information Privacy Act (the “BIPA”) in the U.S. District...more

Blank Rome LLP

Companies Using Biometrics Have Hope Despite Recent Court Rulings

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The rapid adoption of biometric technology—designed to measure unique human biological characteristics, like fingerprints, voiceprints, and hand or face scans—has led to a surge of consumer class actions alleging violations...more

Carlton Fields

Ninth Circuit Affirms Certification of Class Alleging Biometric Privacy Violations

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The Ninth Circuit has issued its much-anticipated decision in a class action against Facebook involving alleged biometric privacy violations, affirming certification of a class. In Patel v. Facebook, the Northern District of...more

Polsinelli

Facebook “Tagged” in Certified Facial Scanning Class Action

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Recently, the Ninth Circuit Court of Appeals held that an Illinois class of Facebook users can pursue a class action lawsuit arising out of Facebook’s use of facial scanning technology....more

Proskauer - New Media & Technology

Finding Article III Standing, Ninth Circuit Declines to Do an About-Face in Illinois Biometric Privacy Class Action against...

In an important opinion, the Ninth Circuit affirmed a lower court’s ruling that plaintiffs in the ongoing Facebook biometric privacy class action have alleged a concrete injury-in-fact to confer Article III standing and that...more

Carlton Fields

Illinois Supreme Court Finds No Actual Harm Needed to Sue Under State’s Biometric Privacy Statute

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The Illinois’ Biometric Information Privacy Act (740 ILCS 14/1 et seq.) (BIPA) requires that companies obtain written consent and disclose how they collect, retain, disclose and destroy biometric identifiers such as retina or...more

McDermott Will & Emery

Biometric Privacy Update – Actual Harm Not Required

Since the passage of the Illinois Biometric Information Privacy Act (BIPA) in 2008, it has been used by plaintiffs’ attorneys to sue companies that use biometric identification technologies. Many BIPA cases have failed...more

Fisher Phillips

Illinois Supreme Court Ruling: Biometric Privacy Law Only Requires Violation, Not Actual Harm

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On January 25, 2019, the Illinois State Supreme Court ruled that the state’s Biometric Information Privacy Act (BIPA) only requires individuals to show violation of the law to bring suit. Businesses with a presence in...more

Bradley Arant Boult Cummings LLP

Illinois Supreme Court Adopts Expansive Interpretation of Standing under Illinois BIPA, Potentially Opening the Flood Gates for...

In a much-anticipated ruling, the Illinois Supreme Court recently held that allegations of actual injury are not required to seek damages under Illinois’ Biometric Information Privacy Act (BIPA or the Act). The case is...more

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