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Husch Blackwell LLP

U.S. Privacy Litigation Update: August 2024

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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

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

Husch Blackwell LLP

U.S. Privacy Litigation Update: July 2024

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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

Husch Blackwell LLP

U.S. Privacy Litigation Update: June 2024

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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

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2024

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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

Husch Blackwell LLP

U.S. Privacy Litigation Update: April 2024

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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

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

Husch Blackwell LLP

U.S. Privacy Litigation Update: January 2024

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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

Jackson Lewis P.C.

What Real Estate Businesses Need to Know About Using Website Tracking Technologies

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Real estate businesses frequently operate multiple websites. These may include corporate websites, websites for each of their properties, and websites for their apps and ancillary service offerings. To maximize the...more

Coblentz Patch Duffy & Bass

Plaintiffs Continue Website Privacy Lawsuits Using 35-Year-Old Statute

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

Brooks Pierce

Web Tracking Technology Breathes New Life Into the VPPA – What You Need to Know About This Litigation Risk

Brooks Pierce on

In the wake of recent lawsuits brought under the Video Privacy Protection Act (VPPA), companies with websites that display video content should evaluate their use of tracking technologies. Recently, creative class-action...more

Davis Wright Tremaine LLP

Federal Court Dismisses Newsletter Subscriber’s VPPA Claim: Not a "Consumer"

Although a digital subscriber to an online newsletter may have standing to sue under the Video Privacy Protection Act ("VPPA"), 18 U.S.C. § 2710(b)(1), if the newsletter subscription contains no audio-visual content, that...more

BCLP

VPPA Trends: Considerations for Limiting Exposure

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In recent months, organizations have been dealing with an emerging wave of lawsuits from an unexpected source: the VPPA. The Video Privacy Protection Act (“VPPA”), originally intended to prevent “wrongful disclosures” of...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: June 2023

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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

Shook, Hardy & Bacon L.L.P.

Website Adtech: What Every In-House Lawyer Must Know (Now!)

The biggest data privacy litigation risk companies currently face is class action litigation based on the use of certain website advertising technology (adtech). Are you wondering what this means for your company? This alert...more

Perkins Coie

Be Kind, Don’t Rewind: The VPPA’s Reemergence in Privacy Class-Action Litigation

Perkins Coie on

After years out of circulation, class-action lawsuits asserting claims under the Video Protection Privacy Act (VPPA) are now back in reruns. But early critical assessment is mixed, so it remains to be seen whether VPPA-driven...more

Husch Blackwell LLP

Privacy Litigation Update: SDNY Dismisses Video Privacy Protection Act Claim

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Keypoint: The Southern District of New York dismissed a VPPA claim after finding use of the Meta Pixel does not violate the VPPA when used to transmit information about a visitor’s general activity on a webpage, even where...more

Carlton Fields

New Year, New Privacy Shakedowns: Six Resolutions for Keeping Warm

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Class action privacy litigation’s icy grip tightened around financial services providers in late 2022, and the forecast shows no signs of melting. The plaintiffs’ creeping application of old law to new technologies is...more

Manatt, Phelps & Phillips, LLP

Advertising Law - December 2014 #3

FCC Proposes Online Disclosures for Broadcast Contests - The Federal Communications Commission has proposed a rule change that would allow broadcast stations to disclose on the Internet the material terms for contests...more

McDermott Will & Emery

Disclosures Need Not Contain Customers’ Actual Names to Violate the Video Privacy Protection Act Rules Hulu Court

In the latest of a string of victories for the plaintiffs in the Video Privacy Protection Act (VPPA) class action litigation against Hulu, LLC, the U.S. District Court for the Northern District of California ruled that Hulu’s...more

Morrison & Foerster LLP - Social Media

If You Host Videos on Your Website, Read This Blog Post Regarding the Video Privacy Protection Act

In a much anticipated decision in the class action In re Hulu Privacy Litigation, U.S. Magistrate Judge Laurel Beeler of the U.S. District Court for the Northern District of California has shed new light on the meaning of...more

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