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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
The use of AI recording tools has become prevalent. Companies’ policies addressing the legal issues with these tools is not yet as prevalent. If your company’s AI policy does not address these issues, it needs to be updated....more
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
In what appears to be an emerging privacy litigation trend, plaintiffs’ attorneys have recently filed a series of putative class action lawsuits targeting data companies in possession of cellular telephone numbers. The...more
In a significant decision for privacy class action litigation, a federal judge in California recently denied the certification of a proposed class action involving claims under the state’s invasion of privacy law. The May 29...more
Financial institutions that use code-based tracking technologies may soon find themselves facing increased scrutiny and legal exposure as the next wave of class action litigation begins. On December 19, 2024, a member of...more
In Shah v. Capital One Financial Corporation, the Northern District of California handed down a ruling that may shape the trajectory of litigation involving tracking technologies, online privacy policies, and California’s...more
Businesses need to remain vigilant regarding recent developments in consumer-based data privacy class actions. In recent weeks, the plaintiff class action bar has filed several lawsuits against The Trade Desk Inc. related to...more
Video game developer Ubisoft, Inc. came out on top earlier this month in the Northern District of California when a judge dismissed, with prejudice, a class action claiming that the company’s use of third-party website pixels...more
In late March, an online retailer successfully asserted consent as a complete defense to a putative Pennsylvania Wiretapping and Electronic Surveillance Control Act of 1978 (WESCA) class action lawsuit, resulting in the...more
On March 27, 2025, a class action lawsuit was filed against the education technology (EdTech) company Instructure, the parent company of Canvas, a popular learning management system. The complaint alleges that Instructure...more
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
Three recent federal court cases consider whether the use of third party trackers embedded in websites can be the basis of class action lawsuits alleging violations of statutes enacted before the internet existed. These...more
In a notable development for corporate defendants grappling with consumer privacy litigation, the Southern District of New York has recently issued a decision in Lee v. Springer Nature America, Inc., embracing a broadened...more
On February 10, 2025, the first class action complaint was filed pursuant to Washington’s MY Health MY Data Act (“MHMDA”), Wash. Rev. Code Ann. § 19.373.005 et seq. See Maxwell v. Amazon.com, Inc. et al., Case No. 2:25-cv-261...more
On February 10, 2025, a Washington state resident filed a lawsuit on behalf of herself and similarly situated individuals against Amazon under the Washington My Health My Data Act (MHMD). This is the first lawsuit brought...more
Over the last several years, litigation (often class actions) premised on the use of technology like session-replay products, web beacons, pixels, and cookies has proliferated. Typical theories include plaintiffs claiming...more
The first class action complaint was filed under Washington’s My Health My Data Act (“MHMDA”) on February 10, 2025, more than a year after the law’s passage. When the law passed in April 2023, MHMDA was novel for its broad...more
Welcome to the twentieth installment in our monthly data privacy litigation report. We prepare these reports to provide updates on how courts in the United States have handled emerging data privacy trends. After our expansive...more
On February 10, 2025, a class action lawsuit was filed against an online retailer under the Washington My Health My Data (MHMD) Act’s private right of action. The complaint also alleges violations of federal wiretapping and...more
A California federal district court recently granted class certification in a lawsuit against a financial services company. The case involves allegations that the company’s website used third-party technology to track users’...more
This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more
On February 2, 2023, the Illinois Supreme Court issued a long awaited ruling on Jorome Tims et al. v. Black Horse Carriers, Inc., No. 127801, a class action lawsuit alleging violation of the Illinois Biometric Information...more
On October 12, 2022, a federal jury in the U.S. District Court for the Northern District of Illinois concluded that a company violated the Illinois Biometric Information Privacy Act (Privacy Act or BIPA) 45,600 times...more
In the first biometrics privacy class action to go to trial in Illinois, last week a jury handed down a $228 million judgment against BNSF Railway Co. In the case of Rogers v. BNSF Ry. Co. (N.D. Ill., No. 19-cv-03083), the...more