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New Wave of Privacy Litigation: Plaintiffs Press Untested Theories Under 2005 Colorado Prevention of Telemarketing Fraud Act

In what appears to be an emerging privacy litigation trend, plaintiffs’ attorneys have recently filed a series of putative class action lawsuits targeting data companies in possession of cellular telephone numbers. The...more

Monumental Win in Data Breach Class Action: A Case Study — The Consumer Finance Podcast [Audio]

In this episode of The Consumer Finance Podcast, Chris Willis is joined by Partners Ron Raether and Tim St. George to discuss a landmark victory in a major data breach class action multidistrict litigation. The team delves...more

Trans Union Settles for $15 million with CFPB and FTC Over Tenant Screening Reports

A new enforcement action provides more detail on the expectations of the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) (collectively, the agencies) for the content of tenant screening reports....more

CFPB’s Involvement in Tenant Screening - FCRA Focus Podcast [Audio]

Please join Consumer Financial Services Partner Dave Gettings and his fellow Partner Ron Raether as they discuss the Consumer Financial Protection Bureau and its supervision of the tenant screening industry. During this...more

Ninth and Eleventh Circuit Agree: Class Members With No Injury = No Class Settlement Approval

Recently, the Ninth Circuit joined its sister circuit, the Eleventh, in vacating class settlements on standing grounds. In Harvey v. Morgan Stanley Smith Barney LLC, the court vacated the district court’s approval of the...more

More Privacy, Please - May 2022

Editor’s Note: Connecticut became the fifth state in the nation to successfully pass a comprehensive privacy bill (now awaiting its governor’s signature), following California, Colorado, Utah, and Virginia. Meanwhile,...more

District Court Partially Grants Certification of Consumer Data Breach Class Action

On May 3, Judge Grimm of the U.S. District Court for the District of Maryland issued a class certification decision in a consumer data breach multidistrict litigation case against an international hotel and resort management...more

U.K. Supreme Court Finds Data Protection Representative (I.e., Class) Action Cannot Be Pursued Against Google

On November 10, the United Kingdom (U.K.) Supreme Court issued a decision in Lloyd v. Google LLC, UKSC2019/0213 (Supreme Court of the United Kingdom), recognizing that the loss of control of personal data by consumers alone...more

JPML Articulates Limitations for Consolidation in Geico Data Breach Litigation

Despite overlap of alleged putative nationwide class definitions, the Judicial Panel on Multidistrict Litigation (JPML) denied Geico’s attempt to consolidate five class-action lawsuits arising from a data breach notification...more

No Standing in Data Breach Case Involving “Essentially Useless” Stolen Data

The Central District of California recently dismissed a data breach class action for lack of standing, notwithstanding evidence that the stolen data of 40 million consumers had allegedly been offered for sale on the dark web....more

More Privacy, Please - July 2021

Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to...more

Supreme Court Decision: TransUnion v. Ramirez

Today, the Supreme Court issued its opinion in TransUnion LLC v. Ramirez, holding that a concrete injury requires more than the existence of a risk of harm that never materializes. Accordingly, the vast majority of the absent...more

Circuit Split on Class Feasibility Offers Defense Opportunities

Defense counsel tend to see individualized issues of fact and law when litigating a class action. Plaintiffs counsel, on the other hand, will often look at those same issues and suggest that they apply uniformly across the...more

Calling SCOTUS: Eleventh Circuit Invites Supreme Court to Address Circuit Split on Article III Standing for Data Incident...

Last Thursday, the Eleventh Circuit affirmed a district court’s dismissal for lack of standing in a data incident case. The majority opinion, written by Senior Judge Gerald Bard Tjoflat and joined by Judge Adalberto Jordan...more

Another Circuit Split: Eleventh Circuit Holds that Administrative Feasibility is a Factor for Courts to Consider on Class...

In Cherry v. Dometic Corp., the Eleventh Circuit Court of Appeals held that, when addressing a motion for class certification, courts may consider whether the named plaintiff has demonstrated an administratively feasible...more

Too Much Individuality: Central District of Illinois Declines to Certify Class in Data Incident Case

Last week, Judge Sue Myerscough declined to certify a class of employees whose personal information was disclosed when Driveline Retail Merchandising fell prey to a phishing scam. While nearly 16,000 employees were allegedly...more

Supreme Court to Take a Stand on Standing, Granting Cert. of 9th Circuit’s Ramirez Decision

The Supreme Court granted cert in Ramirez v. TransUnion LLC to consider “whether either Article III or Rule 23 permits a damages class action where the vast majority of the class suffered no actual injury, let alone an injury...more

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