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
With the increase in AI-related litigation and regulatory action, it is critical for companies to monitor the AI technology landscape and think proactively about how to minimize risk. To help companies navigate these...more
1/23/2025
/ Artificial Intelligence ,
Class Action ,
Compliance ,
Corporate Counsel ,
Data Privacy ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
MA Supreme Judicial Court ,
Privacy Laws ,
Regulatory Requirements ,
Risk Management ,
Risk Mitigation ,
State Privacy Laws ,
Tracking Systems ,
Wiretapping
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
This summer, the First Circuit revived a privacy class action based on debt collection practices. In Nightingale v National Grid USA Service Company, the district court granted summary judgment in favor of the defendants and...more
10/1/2024
/ Antitrust Litigation ,
Appeals ,
Article III ,
Class Action ,
Class Certification ,
Debt Collection ,
Popular ,
Predominance Requirement ,
Privacy Laws ,
Putative Class Actions ,
Remand ,
Summary Judgment ,
Vacated
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
Courts and class action counsel have been considering what kinds of injuries can confer standing to pursue federal claims following the Supreme Court’s 2021 decision in TransUnion LLC v. Ramirez, which held that the...more
7/27/2023
/ Antitrust Litigation ,
Appeals ,
Class Action ,
Class Certification ,
Data Breach ,
Data Security ,
Personally Identifiable Information ,
Privacy Laws ,
SCOTUS ,
Standing ,
TransUnion LLC v Ramirez
In this third installment on the enforcement of U.S. consumer data privacy laws, we focus on the role of private litigants. Following our discussions of state and federal government enforcement, this post focuses on the third...more
7/12/2023
/ Arbitration ,
Biometric Information Privacy Act ,
Breach of Contract ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Corporate Counsel ,
Data Privacy ,
DPPA ,
Enforcement ,
Privacy Laws ,
Securities Fraud ,
Unfair or Deceptive Trade Practices ,
Video Privacy Protection Act ,
Wiretapping
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
On October 7, 2019, the Joint Committee on Consumer Protection and Professional Licensure held a hearing on pending legislation, including An Act Relative to Consumer Data Privacy (S.120). Modeled on the California Consumer...more
10/14/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Cybersecurity ,
Data Privacy ,
Fair Credit Reporting Act (FCRA) ,
Gramm-Leach-Blilely Act ,
Legislative Agendas ,
Non-Discrimination Rules ,
Pending Legislation ,
Personal Data ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
State and Local Government
As we have recently reported, the Massachusetts legislature is currently considering a comprehensive data privacy law that would create a private right of action for consumers who allege a violation of any provision of the...more