News & Analysis as of

Class Action Consumer Privacy Rights

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.
McGlinchey Stafford

Florida Court Certifies Two Classes on Claims Under TCPA and FTSA

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Recently, the Northern District of Florida certified two classes under the Telephone Consumer Protection Act (TCPA) in a matter regarding alleged telemarketing text messages. Background- In Jackson v. Athena Bitcoin, Inc.,...more

Jackson Lewis P.C.

We get Privacy for work — Episode 8: The Surge in Data Breach Lawsuits: Trends and Tactics

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Class action lawsuits in response to data breaches have skyrocketed as plaintiffs look to take advantage of courts’ perceived leniency regarding standing. ...more

Eversheds Sutherland (US) LLP

Film Room: Court Decisions on Eligibility Challenges and Another Data Lawsuit

In this week’s Film Room, we provide updates regarding: court decisions on eligibility rule challenges, a data privacy lawsuit filed against SeatGeek...more

Klein Moynihan Turco LLP

Federal Court Moonwalks Over West Virginia’s Daniel’s Law

While the United States Court of Appeals for the Third Circuit (“Third Circuit”) weighs the constitutionality of New Jersey State’s Daniel’s Law, a West Virginia federal court recently opined on the constitutionality of its...more

Wiley Rein LLP

FTC Consumer Protection and Privacy Enforcement Series: The Fair Credit Reporting Act—Who Is Covered and How to Comply

Wiley Rein LLP on

For the latest installment of our series of practical insights on emerging Federal Trade Commission (FTC) consumer protection and data privacy priorities, we discuss coverage and requirements under the Fair Credit Reporting...more

Troutman Amin LLP

EYEBROW RAISING: Albertson’s Agrees to Pay Nearly $6MM to Settle TCPA Revocation Class Action But That’s Only Half The Story Here

Troutman Amin LLP on

On April 21, 2025 Plaintiffs ANTHONY KAMEL, LINNEA MENIN, JASMINE OTTE, JENNIFER SCHOFIELD sued Albertson Companies, Inc. claiming it had violated the TCPA by sending SMS messages to each of them after a STOP request....more

Ice Miller

Heightened Ad Tracking Risks After Jury Verdict Against Meta

Ice Miller on

A recent California federal jury verdict against Meta Platforms Inc. has sent a clear message to businesses: tracking technologies can pose serious legal and reputational risks if not deployed responsibly. ...more

Rivkin Radler LLP

Flo Health Data-Sharing Case Ends in Major Jury Verdict Against Meta

Rivkin Radler LLP on

Meta Inc., the parent company of Facebook, Instagram and WhatsApp, has been found liable by a California federal jury for improperly using sensitive reproductive health data to run targeted ads, in a case involving the...more

Rivkin Radler LLP

Aspen Dental Settles Data-Sharing Class Action

Rivkin Radler LLP on

Dental service organization (DSO) Aspen Dental has agreed to pay $18.7 million to resolve claims that it secretly shared web user data with Meta and Google, without obtaining users’ consent or informing them....more

Klein Moynihan Turco LLP

Meta Pixel Case Survives Motion to Dismiss

Readers of this blog are well aware of the proliferation of lawsuits alleging that websites which utilize Meta Pixel tracking software violate the California Invasion of Privacy Act (“CIPA”). These lawsuits typically allege...more

Troutman Pepper Locke

The Second Circuit Forecloses VPPA Claims Based on Transmission of Information Through the Meta Pixel

Troutman Pepper Locke on

Despite the avalanche of lawsuits and enforcement actions related to tracking technology, companies can take at least some solace in a recent decision curtailing Video Privacy Protection Act (VPPA) lawsuits. On July 28, the...more

Zelle  LLP

Judge Donato Rules on MSJ Dismissing UCL Claims But Not CIPA Claims – Trial Started on July 21, 2025 Frasco v. Flo Health, Inc.,...

Zelle LLP on

In late May, Judge James Donato of the U.S. District Court for the Northern District of California ruled on summary judgment motions filed by Meta and Flo Health Inc.—both defendants in the ongoing Frasco v. Flo Health, Inc....more

Klein Moynihan Turco LLP

Maintain Internal Do Not Call List Compliance Procedures or Face the Consequences!

Last month, Lendify Associates LLC (“Defendant”) was sued in the Central District Court of California for allegedly violating the internal Do Not Call (or “DNC”) list compliance requirements of the Telephone Consumer...more

Troutman Amin LLP

JOURNEYS: Genesco, Inc. Sued in TCPA Class Action Over Promotional SMS Messages From Journeys Brand

Troutman Amin LLP on

Interesting new TCPA class action filing. Dr. Evil and the folks at LawHQ have filed a class action against Genesco, Inc. alleging it continued to send SMS messages promoting Journeys after a consumer texted stop. Per the...more

Robinson+Cole Data Privacy + Security Insider

Federal Court Allows Privacy Related Claims to Proceed in a Proposed Class Action Lawsuit Against Motorola

In December 2024, Jonathan Gabrielli filed several claims alleging that Motorola Mobility LLC (Motorola) misrepresented its data usage policy and shared his personal data with third parties, including Google, Amazon, and...more

Troutman Amin LLP

MIDYEAR LITIGATION REPORT: TCPA Class Actions Up Staggering 95.2% from 2024–Previously the Highest Year On Record

Troutman Amin LLP on

2024 was a record setting year for TCPA litigation with the highest number of class actions filed in a single year ever. 2025 is blowing it out of the water. To date there have been 1,052 TCPA class actions filed in 2025–...more

Robinson+Cole Data Privacy + Security Insider

What a 1988 Statute Signals in the New England Patriots’ Privacy Class Action Settlement

The 1988 Video Privacy Protection Act (VVPA) prohibits the disclosure of VHS rental history; now, in a recent class action where the VPPA was invoked by the plaintiffs, the parties’ voluntary settlement signals developments...more

Troutman Amin LLP

PRIME TIME: Wolf Destroys Window Cleaner’s Hopes of Quick TCPA Class Action Exit

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A window washing company in Chicago is caught in a TCPA class action arising out of their apparent use of prerecorded calls to contact consumers. In Bulgart v. Prime Time Window Cleaning, 2025 WL 1899536 (N.D. Ill. July 9,...more

Klein Moynihan Turco LLP

Ninth Circuit Judge Questions Continued Viability of Internet Wiretapping Claims

Readers of this blog may recall a piece in which we discussed an unfavorable Ninth Circuit California Invasion of Privacy Act (“CIPA”) internet wiretapping decision. Interestingly, the Ninth Circuit recently weighed in again...more

Snell & Wilmer

Northern District of California Underscores Futility of Certain CIPA “Trap and Trace” Class Actions

Snell & Wilmer on

The Northern District of California recently dismissed, with prejudice, a purported class action against Royal Caribbean Cruises Ltd. (Royal Caribbean), alleging a violation of the California Invasion of Privacy Act (CIPA)...more

Ropes & Gray LLP

Pixel Litigation Risk at Financial Institutions

Ropes & Gray LLP on

An increasingly aggressive plaintiffs’ bar has brought purported class action suits based on the nearly ubiquitous use of tracking technologies used for website analytics. Although any actual harm to the plaintiffs is...more

Fisher Phillips

California Proposal to Curb Website Cookie Litigation Stalls for This Year: What 3 Things Should Your Business Do?

Fisher Phillips on

A California bill aimed at curbing the explosion of lawsuits filed against businesses using common website tools like cookies, pixels, and session replay software has stalled out in the 2025 legislative session, meaning your...more

Kilpatrick

Illinois Federal Court Dismisses BIPA Claim Against Hyundai Over Driver Monitoring Technology

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A federal court in Illinois has dismissed a class action suit filed under the Illinois Biometric Information Privacy Act (BIPA), finding that Hyundai did not “collect, capture, or otherwise obtain” biometric data by use of...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

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

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