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Class Action Appeals Personally Identifiable Information

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Morgan Lewis

Second Circuit 'Shuts the Door' on Meta Pixel VPPA Claims

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The US Court of Appeals for the Second Circuit has repeatedly affirmed dismissals of putative class actions brought under the Video Privacy Protection Act (VPPA) based on the use of third-party tracking technologies. The...more

Baker Botts L.L.P.

Second Circuit Rules on Scope of VPPA Protection

Baker Botts L.L.P. on

On May 1, 2025, the United States Court of Appeals for the Second Circuit issued its decision in Solomon v. Flipps Media, Inc., affirming the dismissal of a putative class action alleging violations of the Video Privacy...more

Loeb & Loeb LLP

Second Circuit Joins Judicial Trend: No VPPA Violation in Pixel-Sharing Case

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The Second Circuit Court of Appeals upheld the dismissal of a proposed class action against Flipps Media (now Triller TV), ruling that the company did not violate the federal Video Privacy Protection Act (VPPA) by sharing...more

Shook, Hardy & Bacon L.L.P.

A Blockbuster Week for the VPPA—New Releases from the Sixth and Seventh Circuits

Much like Blockbuster Video rental stores (of which you might be surprised to learn there is still one remaining), the Video Privacy Protection Act (VPPA) was quietly slipping into obsolescence with the advent of the Internet...more

Pierce Atwood LLP

First Circuit Revives Data Breach Class Action Claims in Webb v. Injured Workers Pharmacy, LLC

Pierce Atwood LLP on

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

Fisher Phillips

One Employee’s Accidental Email Leads To A Significant Data Breach Ruling in Federal Appeals Court

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A federal appeals court recently addressed whether employees had standing to bring a lawsuit when their personally identifiable information (PII) was inadvertently circulated to other employees at the company, with no...more

Faegre Drinker Biddle & Reath LLP

Second Circuit Addresses Critical Issue in Data Breach Class Actions: Article III Standing Based on Allegations of Future Misuse...

On April 26, 2021, the Second Circuit Court of Appeals decided the case of McMorris v. Carlos Lopez & Assocs., No. 19-4310, 2021 WL 1603808 (2d Cir. Apr. 26, 2021) and addressed one of the most critical issues in private data...more

Bradley Arant Boult Cummings LLP

Circuit Split No More: 2nd Circuit Clarifies Article III Standing in Data Breach Cases

While more states push forward on new privacy legislation statutorily granting consumers the right to litigate control of their personal information, federal courts continue to ponder how data breach injury fits traditional...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 2, July 2020

The Editors' Note - Welcome to the second issue of Decoded, Spilman's e-newsletter focusing on technology law, including data security, privacy standards, financing technologies, and digital-based means of conducting...more

Bradley Arant Boult Cummings LLP

Illinois Supreme Court Adopts Expansive Interpretation of Standing under Illinois BIPA, Potentially Opening the Flood Gates for...

In a much-anticipated ruling, the Illinois Supreme Court recently held that allegations of actual injury are not required to seek damages under Illinois’ Biometric Information Privacy Act (BIPA or the Act). The case is...more

Sheppard Mullin Richter & Hampton LLP

Supermarket Held Vicariously Liable in UK’s First Data Leak Class Action

UK supermarket chain Morrisons has been held vicariously liable for the acts of a malicious employee in the UK’s first data leak class action. The issue began in 2014, when a disgruntled Morrison’s internal IT auditor posted...more

Fenwick & West LLP

Appellate Court Lowers Pleading Requirements for Standing in Optometrists’ Data Breach Suit

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The U.S. Court of Appeals for the Fourth Circuit has found that allegations that fraudsters used the personal information of data breach victims are sufficient to establish standing even without any fraudulent charges...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Littler

Recent Illinois Appellate Court Ruling Could End The Recent Flood Of Class Action Lawsuits Against Employers Under Illinois'...

Littler on

Since mid-September 2017, more than 50 employers that use “biometric timeclocks” in Illinois have been targeted with class action lawsuits alleging violations of the state’s Biometric Information Privacy Act (“BIPA”). A...more

Fisher Phillips

Spokeo Speedwagon: Employers Forced To Take Privacy Breach Cases On The Run

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By now, most everyone has heard it from a friend who, heard it from a friend who, heard it from another about the U.S. Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins. It is the case being cited across the country in...more

Lathrop GPM

Data Breach Class Action Reinstated

Lathrop GPM on

Must plaintiffs allege actual identity theft from a data breach to avoid dismissal of their class action lawsuit? No, according to yesterday’s opinion from a three-judge panel of the United States Court of Appeals for the...more

Ballard Spahr LLP

Eighth Circuit Remands Proposed Settlement in Target Data Breach Class Action

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The Eighth Circuit Court of Appeals has remanded a $10 million settlement in the Target data breach class action on the grounds that the district court had not rigorously analyzed the propriety of the class certification. ...more

Fenwick & West LLP

Litigation Alert: The Third Circuit Holds That Allegations That Personal Information Was Improperly Disclosed in Violation of the...

Fenwick & West LLP on

Last week, the Third Circuit held that allegations of the unauthorized disclosure of personal information in violation of the Fair Credit Reporting Act (FCRA) constituted a de facto injury sufficient to confer standing at the...more

Ballard Spahr LLP

Data Breach Class Action Reinstated Against Horizon Healthcare Services Inc.

Ballard Spahr LLP on

The U.S. Court of Appeals for the Third Circuit has vacated a district court's dismissal of a data breach class action filed against Horizon Healthcare Services Inc., in the wake of the 2013 theft of two computer laptops...more

Snell & Wilmer

Did the 7th Circuit Just Ease the Way for Consumer Data Breach Lawsuits?

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On July 20, 2015, a federal appeals court in Chicago issued what could be a watershed ruling in favor of consumers pursuing class action lawsuits against retailers and other companies following data breaches that involve the...more

Davis Wright Tremaine LLP

Appellate Courts Being Drawn Into VPPA Fray

Last week the Third and Eleventh Circuit Courts of Appeals assigned case numbers to the appeals of In re Nickelodeon Privacy Litigation and Locklear v. Dow Jones & Co., Inc., two recently dismissed class actions in which...more

Davis Wright Tremaine LLP

Rewind and Replay: Plaintiffs Appeal Dismissal of VPPA Suits against Viacom, Google and Dow Jones

Plaintiffs in two recently dismissed class actions alleging violations of the Video Privacy Protection Act (“VPPA”) filed notices of appeal this week, asking the Third and Eleventh Circuit Courts of Appeals to hit the rewind...more

King & Spalding

The Neiman Marcus Group LLC Urges Seventh Circuit To Deny Appeal

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Neiman Marcus Group LLC (“Neiman Marcus”) filed its response to plaintiffs’ appeal of the Illinois federal district court’s decision dismissing plaintiffs’ purported class action claims. Plaintiffs alleged that Neiman Marcus...more

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