A national leader in privacy law, California was among the first states to include an express right to privacy in its constitution, create a data breach notification law, and codify robust consumer data protections. ...more
6/11/2025
/ California Consumer Privacy Act (CCPA) ,
CIPA ,
Class Action ,
Criminal Code ,
Data Collection ,
Litigation Strategies ,
Penal Code ,
Personal Data ,
Privacy Laws ,
Private Right of Action ,
Proposed Legislation ,
Retailers ,
State Privacy Laws ,
Web Tracking ,
Wiretapping
On April 17, 2025, the Washington Supreme Court sent a message to all companies that participate in email marketing: Send with caution. The Court held that the Commercial Electronic Mail Act (“CEMA”), RCW § 19.190.020(1)(b),...more
5/12/2025
/ Class Action ,
Commercial Electronic Messages ,
Consumer Protection Laws ,
Email ,
False Advertising ,
Marketing ,
Penalties ,
Retailers ,
Statutory Penalties ,
Statutory Violations ,
WA Supreme Court
Class actions alleging deceptive influencer marketing practices are going viral. These new lawsuits, naming both companies and affiliated influencers as defendants, mark the advent of a new era of enforcement in the...more
The question of who qualifies as a “consumer” under the Video Privacy Protection Act (VPPA) is no longer academic. In late March and early April 2025, two federal appellate courts issued starkly conflicting rulings in Gardner...more
4/11/2025
/ Appeals ,
Class Action ,
Consumer Privacy Rights ,
Disclosure Requirements ,
Personal Data ,
Personal Information ,
Privacy Laws ,
Split of Authority ,
Statutory Interpretation ,
Targeted Digital Advertising ,
Video Recordings ,
VPPA ,
Websites
In the long-awaited newest chapter of case law discussing the validity and enforceability of arbitration clauses and class action waivers, the Ninth Circuit on October 28, 2024, dealt a setback, though not a fatal blow, to...more
11/15/2024
/ Anticompetitive Behavior ,
Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Delegation Clauses ,
Event Tickets ,
Federal Arbitration Act ,
Mass Tort Litigation ,
Preemption ,
Putative Class Actions ,
Terms of Use ,
Unconscionable Contracts
For more than a decade, companies have benefited immensely from the U.S. Supreme Court's 2011 decision of AT&T Mobility LLC v. Concepcion, which upheld a company's right to compel consumers into participating in individual...more
For more than a decade, companies have benefited immensely from the United States Supreme Court decision of AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), which upheld a company’s right to compel consumers into...more
3/28/2024
/ Amazon ,
American Arbitration Association ,
Arbitration ,
Arbitration Agreements ,
AT&T Mobility ,
AT&T Mobility v Concepcion ,
Class Action ,
Class Action Arbitration Waivers ,
Consumer Contracts ,
Event Tickets ,
Ticket Pricing ,
Verizon
Over the last ten years, nearly 300 class actions have been filed against retailers across the country, alleging that they deceived customers by advertising illusory sales or unsubstantiated reference prices. Our team is...more
1/22/2024
/ Advertising ,
Antitrust Provisions ,
Arbitration ,
Class Action ,
Coronavirus/COVID-19 ,
Federal Trade Commission (FTC) ,
Fees ,
Online Travel Vendors ,
Pricing ,
Resale Pricing ,
Retailers ,
Surcharges ,
Unfair or Deceptive Trade Practices ,
Web Tracking
Google has agreed to pay a whopping $155M to resolve a government investigation and a class action lawsuit stemming from its use of location data, including claims that it stored and collected consumers’ location-related...more
10/11/2023
/ Advertising ,
Amended Complaints ,
Behavioral Advertising ,
Case Consolidation ,
Class Action ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Data Storage ,
Dismissals ,
E-Commerce ,
False Advertising ,
Google ,
Government Investigations ,
Intrusion Upon Seclusion ,
Invasion of Privacy ,
Location Data ,
Opt-Outs ,
Putative Class Actions ,
Right to Privacy ,
Settlement ,
State Attorneys General ,
State Constitutions ,
Stipulated Judgment ,
Unfair Competition Law (UCL) ,
Unjust Enrichment