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Class Action Privacy Laws 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.
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

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

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

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

Katten Muchin Rosenman LLP

Second Circuit Sets Precedent Limiting VPPA in Facebook Pixel Cases

Over the past several years, class action litigants have flooded federal dockets with Video Privacy Protection Act (VPPA) cases against companies that embed Facebook’s Pixel tool on their websites. The plaintiffs have...more

Blake, Cassels & Graydon LLP

Show Me the Money: B.C. Court of Appeal Affirms Privacy Breach Damages Without Proof of Consequential Loss

On April 23, 2025, in Insurance Corporation of British Columbia v. Ari, the British Columbia Court of Appeal affirmed a class action judgment awarding aggregate damages of C$15,000 per class member without proof of...more

Klein Moynihan Turco LLP

Paramount Decision: Sixth Circuit Upholds Dismissal of VPPA Claims

On April 3, 2025, the Sixth Circuit Court of Appeals affirmed the dismissal of a plaintiff’s Video Privacy Protection Act (“VPPA”) lawsuit brought against Paramount Global (“Defendant”). In Salazar v. Paramount Global, Mr....more

Robinson+Cole Data Privacy + Security Insider

The VPPA: An Old Law with New Streams

Enacted in 1988, the Video Privacy Protection Act (VPPA) was intended to regulate the then-booming videotape industry by limiting how video rental and sales data is disclosed. The law was enacted in direct response to the...more

Neal, Gerber & Eisenberg LLP

Tips to Reduce Risk of Exposure to UID2 Class Actions

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

Klein Moynihan Turco LLP

CIPA and CCPA – Worlds Are Colliding!

Topics that we often discuss on this blog are the use of third-party tracking tools and the California Invasion of Privacy Act (“CIPA”). Less discussed of late, however, is the California Consumer Privacy Act (“CCPA”) which,...more

Faegre Drinker Biddle & Reath LLP

Courts Reject Theoretical Privacy Violations Due to Lack of Standing

Courts across the country are becoming skeptical of data breach and web tracking claims that assert theoretical privacy violations without alleging any actual injury to the plaintiffs. Recent decisions underscore that courts...more

Skadden, Arps, Slate, Meagher & Flom LLP

District Court Rulings Could Signal Expansion of California Consumer Privacy Right of Action

In two recent rulings, judges in the U.S. Northern District of California have allowed proposed class actions under the California Consumer Privacy Act (CCPA) to proceed without an allegation of a data breach, departing from...more

Robinson+Cole Data Privacy + Security Insider

Yahoo ConnectID Faces Class Action Over Email Address Tracking as Alleged Wiretap Violation

Yahoo’s ConnectID is a cookieless identity solution that allows advertisers and publishers to personalize, measure, and perform ad campaigns by leveraging first-party data and 1-to-1 consumer relationships. ConnectID uses...more

Benesch

VPPA In Flux: Circuits Split on Who Counts as a VPPA “Consumer”

Benesch on

The question of who qualifies as a “consumer” under the Video Privacy Protection Act (VPPA) is no longer academic. In late March and early April 2025, two federal appellate courts issued starkly conflicting rulings in Gardner...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

Klein Moynihan Turco LLP

Pacific Trial Attorneys CIPA Demands

Readers of this blog know about the never-ending barrage of consumer privacy litigation commenced against online companies in connection with their collection of consumer data. Several of these cases have recently been filed...more

Sunstein LLP

Web Trackers May Violate Privacy Statutes That Predate the Internet

Sunstein LLP on

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

Pierce Atwood LLP

Massachusetts Court Denies Certification of Privacy Class Action for Failure to Meet Ascertainability Requirement

Pierce Atwood LLP on

On February 14, 2025, in Therrien v. Hearst Television, Inc., the District of Massachusetts denied a motion for class certification due to the plaintiff’s failure to meet the implied ascertainability requirement of Rule 23....more

Klein Moynihan Turco LLP

CIPA Claims and GET Requests

While readers of this blog are familiar with the proliferation of California Invasion of Privacy Act (“CIPA”) wiretapping claims, our readers may be less familiar with CIPA-related GET Request claims. Below, we explain what...more

Paul Hastings LLP

Biometrics Litigation Update: First Class Action Complaint Filed Under Washington’s My Health My Data Act — Is Your Company Ready?

Paul Hastings LLP on

On February 10, 2025, the first class action complaint was filed under Washington state’s My Health My Data Act (“MHMDA”), over a year after the law was passed. See Maxwell v. Amazon.com, Inc. et al., Case No. 2:25-cv-261...more

BCLP

U.S. Biometric Laws & Pending Legislation Tracker - March 2025

BCLP on

The enactment of biometric privacy laws is a growing trend across the country. Existing legislation has led to a boon of class action litigation against employers, consumer-facing businesses, and technology companies for...more

BakerHostetler

Courts Are Still Willing To Dismiss Data Breach Lawsuits for Lack of Standing

BakerHostetler on

In data breach litigation, courts generally find plaintiffs have standing such that their complaints may proceed past the pleading stage when it is alleged that sensitive information was impacted and there is an allegation of...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

Benesch

Scientific American Unable to Kick VPPA Class Action

Benesch on

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

Robinson+Cole Data Privacy + Security Insider

DISA Global Faces Class Action After Cyber-Attack

Last week, two separate class actions were filed in the federal district court for the Southern District of Texas against DISA Global Solutions (DISA), a third-party employment screening services provider, related to an April...more

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