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Class Action California Privacy Laws

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.
Kilpatrick

Court Rejects Class Certification in Pixel Tracking Suit Against AddShoppers and Peet’s Coffee

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In a significant win for the defense, a California federal judge denied class certification in a California Invasion of Privacy Act (CIPA) suit alleging that AddShoppers and Peet’s Coffee unlawfully tracked website visitors...more

Constangy, Brooks, Smith & Prophete, LLP

California limits certification, revealing challenges for litigating privacy cases

In the recent high-profile civil class action, Frasco v. Flo Health, a California federal court issued a significant ruling partially certifying a nationwide class and California subclass of individuals who used the Flo...more

Kilpatrick

California federal court bemoans choice of unfit plaintiffs in denial of class certification motion

Kilpatrick on

When a court begins its order denying class certification by lamenting the “failure to properly vet named plaintiffs” and “seeming unwillingness to promptly address issues that arise during litigation with named plaintiffs”...more

Alston & Bird

Insurance Insights | California and New York Privacy Protections, Georgia Tort Reform & Cybersecurity and Privacy Updates

Alston & Bird on

Welcome to the latest issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, California and New York layer on privacy protections, tort reform...more

Klein Moynihan Turco LLP

Unfavorable Ninth Circuit Pixel Tracking Decision

Readers of this blog are aware of the barrage of California Invasion of Privacy (“CIPA”) claims brought against online companies. Recently, an unfavorable decision from the Ninth Circuit Court of Appeals (“Ninth Circuit”)...more

Constangy, Brooks, Smith & Prophete, LLP

Liability Beyond Borders: Court expands scope of California privacy litigation

The U.S. Court of Appeals for the Ninth Circuit has issued a pivotal ruling that is likely to reshape privacy litigation for e-commerce platforms. In Briskin v. Shopify, Inc., the Court held that Shopify, despite being...more

Blank Rome LLP

California SB 690 Passes California’s Senate, Signaling a Major Step in Redefining Privacy Law and Limiting CIPA Litigation for...

Blank Rome LLP on

On June 3, 2025, the California Senate passed Senate Bill 690 ("SB 690") in a unanimous 35-0 vote, advancing a measure that would significantly limit lawsuits under the California Invasion of Privacy Act ("CIPA") against...more

Hogan Lovells

California’s evolving standing jurisprudence provides companies with a key defense in response to a wave of privacy claims

Hogan Lovells on

Over the last several years, California appellate courts have begun to align the threshold standing analysis under California law with the federal Article III standing requirements, presenting an emergingly viable...more

Eversheds Sutherland (US) LLP

Eight-figure CIPA settlement underscores importance of telemarketing compliance

On May 13, 2025, a $19.5 million settlement of a California Invasion of Privacy Act (CIPA) class action against a major financial institution and its telemarketing vendor moved one step closer to final approval. The...more

Kilpatrick

California federal court compels arbitration based on a modified sign-in wrap agreement

Kilpatrick on

Takeaway: Terms and conditions requiring individual arbitrations can effectively end many consumer class actions. But courts rigorously scrutinize consumers’ assent to such terms, insisting upon reasonably conspicuous notice...more

Robinson+Cole Data Privacy + Security Insider

Janie & Jack’s Alleged CIPA Violations Consolidated, Thus Avoiding Over 2,000 Individual Arbitration Claims

This week, the U.S. District Court for the Northern District of California ruled in favor of children’s clothing retailer Janie & Jack, which sought to enjoin over 2,400 individual arbitration claims resulting from alleged...more

Robinson+Cole Data Privacy + Security Insider

AI Service Provider Faces Class Actions Over Catholic Health Data Breach

AI service provider Serviceaide Inc. faces two proposed class action lawsuits from a data breach tied to Catholic Health System Inc., a nonprofit hospital network in Buffalo, New York. The breach reportedly exposed the...more

Klein Moynihan Turco LLP

The TikTok Trap and Trace Train Keeps Chugging Along

In an earlier piece, we discussed the increase in recently-filed California Invasion of Privacy Act (“CIPA”) TikTok trap and trace device lawsuits. Generally, TikTok trap and trace actions allege that the use of TikTok...more

Procopio, Cory, Hargreaves & Savitch LLP

Ninth Circuit Expands Specific Jurisdiction in E-Commerce: What Briskin v. Shopify Means for Online Businesses

The Ninth Circuit sitting en banc has greatly expanded the reach of personal jurisdiction by holding that e-commerce companies can be sued in any state where their platforms interact with users, even without differential...more

Eversheds Sutherland (US) LLP

Proposed CIPA amendment may stem the tide of CIPA class actions

In a prior alert, we predicted an uptick in class action complaints brought under the California Invasion of Privacy Act (CIPA) alleging that modern website analytical tools such as pixels, cookies and session replay software...more

Klein Moynihan Turco LLP

Major CIPA Wiretap Decision!

California Invasion of Privacy Act (“CIPA”) wiretapping claims against online businesses are topics with which our readers are well-versed. Inconsistent court decisions about whether wiretapping claims under CIPA apply to the...more

CDF Labor Law LLP

Navigating CIPA: Recent Court Decisions and Potential Legislative Reform

CDF Labor Law LLP on

Companies doing business in California continue to face a surge in privacy-related complaints and lawsuits under the California Invasion of Privacy Act (CIPA), a 1960s-era law designed to prevent unlawful telephone...more

Alston & Bird

Ninth Circuit Addresses Personal Jurisdiction Based on E-Commerce Data Collection in En Banc Decision

Alston & Bird on

A recent decision by the Ninth Circuit Court of Appeals in Briskin v. Shopify, Inc., No. 22-15815, could impact the scope of personal jurisdiction over e-commerce and other entities that utilize cookies to collect personal...more

Clark Hill PLC

Ninth Circuit expands specific jurisdiction for e-commerce platforms

Clark Hill PLC on

In Briskin v. Shopify, Inc., the Ninth Circuit Court of Appeals, sitting en banc, reversed a district court’s dismissal of a proposed data privacy class action for lack of personal jurisdiction. In applying traditional...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: March 2025

Husch Blackwell LLP on

Keypoint: In this post: (1) California considers a “commercial exception” to wiretapping and pen registry laws; (2) a rise in federal wiretapping claims against websites; (3) more courts impose “knowledge or intent”...more

Fox Rothschild LLP

Privacy ‘Testers’ Don’t Have Standing to Sue, Court Rules

Fox Rothschild LLP on

If you are “tester” who actively seeks out privacy violations and files lawsuits to ensure legal compliance (as many class action lawsuit plaintiffs are), you do NOT have Article III standing to sue, according to a recent...more

Constangy, Brooks, Smith & Prophete, LLP

CIPA Lawsuits: New York court comes to defense of website operators

The California Invasion of Privacy Act continues to be a focal point for privacy litigation, particularly concerning website tracking practices. A recent case, Gabrielli v. Insider Inc. sheds new light on whether collecting...more

Robinson+Cole Data Privacy + Security Insider

California Cryobank Hit with Lawsuit over Sperm Donor Databank Breach

California Cryobank, LLC, the largest sperm bank in the country, faces a lawsuit in the U.S. District Court for the Central District of California over an April 2024 data breach. Cryobank provides frozen donor sperm and...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: February 2025

Husch Blackwell LLP on

Keypoint: In this post: (1) How a privacy policy can defeat a plaintiff’s “delayed discovery” argument; (2) Two CA state courts reject plaintiffs’ allegations concerning personal jurisdiction; (3) Three courts dismiss PR/TT...more

DLA Piper

Google Unable to Avoid Mass Opt-Out in Privacy Class Action

DLA Piper on

Plaintiffs’ attorneys are continuing to aggressively pursue mass arbitrations in privacy litigation. The latest challenge came when Judge Beth Labson Freeman in the Northern District of California ruled last month that...more

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