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Breach of Contract › Privacy Policy

Fisher Phillips

New Class Certification Decision in App-Tracking Case Provides Critical Guidance for Businesses Facing Privacy Claims

Fisher Phillips on

A California federal court just certified a significant class action involving allegations that a health-tracking app improperly shared sensitive health information with third parties without user consent. The court’s May 22...more

Jackson Lewis P.C.

Litigation Trend Alert: Breach of Contract and Warranty Claims Based on Privacy Policies

Jackson Lewis P.C. on

A recent series of articles by the International Association of Privacy Professionals discusses a trend in privacy litigation focused on breach of contract and breach of warranty claims. Practical Takeaways- • Courts are...more

Proskauer - New Media & Technology

Researchers May Challenge the Constitutionality of the CFAA “Access” Provision as Applied to Web Scraping

Proskauer - New Media & Technology on

Such Scraping “Plausibly Falls within the Ambit of the First Amendment” The Ninth Circuit is currently considering the appeal of the landmark hiQ decision, where a lower court had granted an injunction that limited the...more

Fenwick & West LLP

Eighth Circuit Finds Standing in Data Breach Case for Privacy Policy Violation, Dismisses for Lack of Specificity

Fenwick & West LLP on

The U.S. Court of Appeals for the Eighth Circuit has held that allegations that the security provisions of a privacy policy were violated are sufficient for standing in a data breach case, but that plaintiffs’ contractual...more

Mintz - Privacy & Cybersecurity Viewpoints

More Broken Privacy Promises from Upromise: Key Takeaways From Upromise’s Latest Settlement with the FTC

Mintz - Privacy & Cybersecurity Viewpoints on

“Don’t make promises that you don’t intend to keep” is an admonishment received by every child and delivered by every parent. This pithy maxim is equally applicable to consent orders entered into with regulatory authorities....more

Carlton Fields

Eighth Circuit Privacy Class Action Fails to Clear Second Hurdle

Carlton Fields on

In Carlsen v. GameStop Inc., plaintiff ­– a paid subscriber to defendant’s online gaming magazine – brought a putative class action lawsuit against defendant for alleged breach of its privacy policy by disclosing plaintiff’s...more

Fenwick & West LLP

Litigation Alert: The Eighth Circuit Expands Standing to Sue for Violations of Privacy Policies for Paid Services

Fenwick & West LLP on

Earlier this month, the Eighth Circuit expanded standing to bring privacy policy violations claims but limited the definition of personal information in affirming the dismissal of a class action complaint in Carlsen v....more

Carlton Fields

Internet Savvy Senior Lacks Standing to Bring Website Privacy Putative Class Claims Against AARP

Carlton Fields on

The United States District Court for the District of Columbia recently dismissed a putative class action alleging that AARP violated its website privacy policy by allowing Facebook and Adobe to collect personal information...more

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