News & Analysis as of

Class Action Consumer Privacy Rights Private Right of Action

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.
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

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

K&L Gates LLP

Litigation Minute: State Statutes and the Private Right of Action (Generative AI Series: Part Two of Three)

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What You Need To Know In A Minute Or Less - Class action litigation challenging generative artificial intelligence (AI) has rapidly become a familiar feature of the legal landscape. While early, headline-grabbing complaints...more

WilmerHale

Year in Review: CCPA Litigation Trends from 2023

WilmerHale on

This post is part of a series of articles we are doing on 2023 data protection litigation trends. While the California Consumer Privacy Act (CCPA) is most known for its onerous privacy compliance obligations, the law also...more

Akin Gump Strauss Hauer & Feld LLP

[Podcast] 2020 CCPA Litigation Report – Analyzing the First Year of Litigation

In this episode, Akin Gump cybersecurity, privacy and data protection practice co-heads Natasha Kohne and Michelle Reed, and counsel Molly Whitman discuss the firm’s new 2020 CCPA Litigation Annual Report and its...more

Patterson Belknap Webb & Tyler LLP

The Minted Complaint: Another Case Brought Under the CCPA’s Private Right of Action

Well before the California Attorney General’s power to enforce the California Consumer Privacy Act (CCPA) commenced on July 1, 2020, as we have recently reported, private plaintiffs had already jumped into the fray, suing...more

Greenberg Glusker LLP

California Privacy Law Update—CCPA Enforcement Begins July 1, 2020

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As previously announced, the California Attorney General’s Office (“Cal AG”) will begin enforcement of the California Consumer Privacy Act (“CCPA”), which came into effect on January 1, 2020, on July 1st. The Cal AG has...more

McDermott Will & Schulte

Importance of CCPA Compliance Highlighted by First Round of Private Actions

The first wave of California Consumer Privacy Act litigation has begun to roll in, and the complaints are already raising interesting questions about the scope of CCPA’s private right of action. The actions assert a variety...more

Alston & Bird

A CCPA Private Right of Action on the Horizon: Class Action Complaints Test Whether Plaintiffs Can Sue for Any Violation of the...

Alston & Bird on

Plaintiffs’ counsel have started to lay the groundwork for a broad private right of action under the California Consumer Privacy Act (CCPA). The first part of this article provides an overview of how the CCPA addresses...more

Robinson+Cole Data Privacy + Security Insider

Litigation Case Claims Violation of CCPA Under Statutory Private Right of Action

One of the most significant consumer rights offered by the new California Consumer Privacy Act (CCPA) is what we call the “private right of action” afforded by the law. A private right of action under a law basically means...more

Fisher Phillips

The First Wave of CCPA Class Action Litigation

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California’s all-inclusive privacy law, the California Consumer Privacy Act (CCPA), which took effect on January 1, 2020, has already been cited in numerous lawsuits. Over this next year, employers are likely to see lawsuits...more

Quinn Emanuel

February 2020: Class Action Litigation Update

Quinn Emanuel on

Consumer Privacy Rights of Action in California: What Businesses Can Do to Prepare - Cybersecurity incidents are a question of “when,” not “if,” for any business that collects and stores large amounts of sensitive consumer...more

Lathrop GPM

Privacy Alert: Let the CCPA Class Action Lawsuits Commence

Lathrop GPM on

The first post-California Consumer Privacy Act (CCPA) data breach class action was filed on February 3 in the Northern District of California. See Barnes v. Hanna Andersson, LLC , N.D. Cal., Case No. 20-cv-00812....more

BCLP

CCPA Security FAQs: What is the Most Popular Court for Filing Data Breach Class Actions?

BCLP on

The United States District Court for the Central District of California. For the last five years, BCLP has published the leading analysis of data breach class action litigation. As part of that study, BCLP has reviewed every...more

Fenwick & West LLP

Five Steps to Mitigate CCPA Class Action Risk: What Companies Need to Do to Increase Data Security

Fenwick & West LLP on

While many companies and service providers are spending significant time and budget on the privacy-related requirements of the forthcoming California Consumer Privacy Act (CCPA), the largest exposure for companies not selling...more

BCLP

CCPA Security FAQs: Can employees bring a class action under the CCPA following a data breach?

BCLP on

More than likely. “Consumers” can bring suit under the CCPA if they can prove the following five elements...more

Epiq

Will the New CCPA Cause an Uptick in Class Action Cases?

Epiq on

Privacy remains a hotly debated subject in the U.S. and many states are taking steps to protect customer’s personal information.  The newest legislation with the most teeth belongs to California, who in February 2019 passed...more

Stoel Rives LLP

CCPA Bill Expanding Class Actions Fails but The Persistence of Chaos Succeeds

Stoel Rives LLP on

Class action lawsuits hurt businesses in at least three ways: they harm reputation, disrupt continuity, and are expensive to defend. In a privacy and cybersecurity context, even when dismissed at an early stage – when it is...more

Dorsey & Whitney LLP

SB 561 Held in Committee - Private Right of Action Under the CCPA Confined (for Now)

Dorsey & Whitney LLP on

On Thursday, March 16, 2019, the California Senate Appropriations Committee held in Committee SB 561, which would have greatly expanded the private right of action (i.e., the ability to bring private class actions) available...more

Dorsey & Whitney LLP

Potentially Expanded Private Right of Action Increases Risk of Class Action Exposure Under the California Consumer Privacy Act

Dorsey & Whitney LLP on

Looking Back - the California Consumer Privacy Act, and How We Got Here - As companies were getting up-to-speed on the effects of the European Union’s General Data Protection Regulation (GDPR) last year, California quickly...more

Katten Muchin Rosenman LLP

The California Consumer Privacy Act - What to Know—and What to Do

Didn’t I Already Do This for GDPR? If you already have a compliance program for the EU General Data Protection Regulation (GDPR), a lot of this may sound familiar. While the CCPA borrows a number of GDPR concepts and...more

BCLP

The Practical Guide to the California Consumer Privacy Act: Part 4

BCLP on

The California Consumer Privacy Act of 2018 (“CCPA”) is arguably the most comprehensive - and complex - data privacy regulation in the United States. The CCPA was designed to emulate the European General Data Protection...more

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