In a recent decision from the Southern District of Florida, U.S. District Judge Robert N. Scola, Jr. denied class certification of a proposed class of paid Univision NOW subscribers who assert that Univision NOW’s use of the...more
Keypoint: California district courts continue to split over whether “knowledge” is required to plead liability under Section 631(a)’s fourth prong while two decisions show courts taking different approaches to VPPA claims at...more
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
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
Keypoint: Courts have started to issue Pixel-based wiretapping decisions, the Seventh Circuit weighs in on when a manufacturer can be forced to pay arbitration fees, and three courts showed different approaches to dismissing...more
Patreon, a popular platform connecting creators with their fans, has recently agreed to a $7.2 million settlement to end a legal battle concerning the Video Privacy Protection Act (VPPA)....more
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
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
Keypoint: The Central District of California issued several wiretapping decisions in May while two decisions on the VPPA illustrate how claims fail or succeed at the pleading stage. Welcome to the fourteenth installment in...more
On May 9, 2024, Paul Hastings participated in a panel on litigation trends and risk management at this spring’s Privacy+Security Forum. Panelists included Carter Simpson (Partner, Paul Hastings) and Matt Gardner (Senior...more
Keypoint: The Central District of California issues a major victory for website owners facing CIPA-arbitration demands, two decisions address whether a plaintiff consented as a defense to wiretapping claims, three courts in...more
Keypoint: Courts continue to issue conflicting decisions in wiretapping cases while one court has expanded who may be considered a “video tape service provider” under the VPPA. Welcome to the eleventh installment in our...more
If you are participating in the digital advertising ecosystem, you likely are hearing a lot about pixels, tags, scripts and SDKs lately. But the terminology can be confusing, and terms are not always used consistently, making...more
Keypoint: Courts resolved six motions to dismiss wiretapping claims based on session replay technology in January, while two VPPA decisions highlight balance struck by courts. A new privacy litigation theory based on “pen...more
Welcome to the ninth installment in our monthly data privacy litigation report, which we are releasing just after the New Year. We prepare these reports to provide updates on how courts in the United States have handled...more
Plaintiffs look to the past to take action against modern web tracking - As states rapidly enact new consumer privacy legislation, businesses have been working tirelessly to comply with extensive new data protection...more
In 1988, Congress enacted the Video Protection Privacy Act (“VPPA”) in response to the confirmation hearing of Judge Robert Bork, where his video rental history was disclosed during his Supreme Court confirmation hearing....more
Keypoint: The past two months have seen many courts dismiss privacy claims as judges appear to be more critical of plaintiffs’ theories while other judges have allowed cases to proceed past the motion to dismiss stage....more
This year has seen a tremendous spike in the number of cases alleging violations of the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710, a statute enacted in 1988 in response to the Washington City Paper’s publication...more
As set forth in BakerHostetler’s 2023 Data Security Incident Report, privacy litigation is on the rise. Indeed, 2023 saw a nearly 100 percent increase from 2022 in the number of lawsuits filed in connection with data security...more
Keypoint: June 2023 maintained a trend of mostly favorable outcomes for defendants as courts continue to grant motions to dismiss in session replay and VPPA cases. This is the fifth installment in our monthly data privacy...more
This is the fourth installment in our monthly data privacy litigation reports to provide updates on how courts in the United States have handled emerging data privacy tends in the past month. In this post we look at...more
Keypoint: In March 2023, more California courts tackled motions to dismiss claims that chat features violate wiretapping laws while Georgia and Minnesota courts weighed in on VPPA claims....more
GoodRx Faces Million Dollar Proposed Penalty from FTC in First Enforcement Action Under the Health Breach Notification Rule - Settlement reveals views on application of unfairness authority to sharing of sensitive...more
Keypoint: Plaintiffs’ attorneys continue to expand lawsuits relating to website tracking technologies. Chick-fil-A once again found itself in the spotlight last week when it was named as a defendant in a lawsuit filed in...more