In March 2025, we reported that the District of Massachusetts had denied class certification of the plaintiff’s Video Privacy Protection Act (VPPA) claims in Therrien v. Hearst Television Inc. for failure to meet the implied...more
On January 31, 2025, in Campos v. TJX Companies, Inc., No. 24-cv-11067, the District of Massachusetts granted a motion to dismiss a class action due to the plaintiff’s lack of standing. The court concluded that the named...more
On February 14, 2025, in Therrien v. Hearst Television, Inc., the District of Massachusetts denied a motion for class certification due to the plaintiff’s failure to meet the implied ascertainability requirement of Rule 23....more
3/27/2025
/ Class Action ,
Class Certification ,
Constitutional Challenges ,
Consumer Privacy Rights ,
Data Collection ,
Geolocation ,
Litigation Strategies ,
Mobile Apps ,
Personally Identifiable Information ,
Privacy Laws ,
Video Privacy Protection Act
In a closely watched decision, the highest court in Massachusetts has rejected the theory that third-party website tracking technology violates G. L. c. 272, § 99, the Massachusetts Wiretap Act....more
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
7/19/2024
/ Appeals ,
Article III ,
Class Action ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Privacy Laws ,
Video Privacy Protection Act ,
Wiretapping
A threshold consideration for businesses trying to understand the actors that enforce U.S. consumer privacy laws is an analysis of which laws apply to that business. This is because U.S. consumer privacy laws exist as a...more
4/26/2023
/ Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Education ,
Department of Health and Human Services (HHS) ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
FERPA ,
Health Information Technologies ,
Health Insurance Portability and Accountability Act (HIPAA) ,
State Privacy Laws
For businesses that collect, process, and explore innovative uses of personal information, last month marked a watershed moment in the ongoing evolution of the U.S. regulatory landscape. Cracking down on the cosmetics brand...more
Massachusetts consumers and businesses now know that the Commonwealth will likely not be the next jurisdiction to adopt sweeping consumer data privacy legislation. Earlier last week, the Joint Committee on Consumer Protection...more
2/10/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Legislative Agendas ,
Online Platforms ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Legislation ,
Proposed Regulation ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government