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Class Action State 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.
Clark Hill PLC

Right To Know - July 2025, Vol. 31

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Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed. State Action: Texas Limits Punitive Damage Liability For Data Security Breach...more

Fisher Phillips

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

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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

Troutman Pepper Locke

New Wave of Privacy Litigation: Plaintiffs Press Untested Theories Under 2005 Colorado Prevention of Telemarketing Fraud Act

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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

Proskauer on Privacy

Ninth Circuit Reviews Website Tracking Class Actions and the Reach of California’s Privacy Law

Proskauer on Privacy on

The Ninth Circuit court of appeals reviewed three separate proposed class actions against Papa John’s International Inc., Converse Inc., and Bloomingdale’s, all centered on whether certain website tracking activities violated...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

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

Loeb & Loeb LLP

Ninth Circuit Favors Robust Privacy Protections Under CIPA

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In Mikulsky v. Bloomingdale’s (June 2025), the U.S. Court of Appeals for the Ninth Circuit reversed the dismissal of a California Invasion of Privacy Act (CIPA) class action, holding that the plaintiff sufficiently alleged...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2025

Husch Blackwell LLP on

Keypoint: In this post: (1) Standing may depend on how specific plaintiffs’ complaint is; (2) the 2d Circuit adopts the 3rd and 9th Circuit’s narrower interpretation of PII under the VPPA; (3) Promises in privacy policies not...more

Fisher Phillips

AI Call-Monitoring Lawsuits Are Heating Up: 5 Steps Your Business Can Take to Minimize Risk

Fisher Phillips on

A new lawsuit just filed against an AI software provider offers a clear warning for any business using artificial intelligence to monitor or record customer service calls. On June 13, a California plaintiff filed a federal...more

Benesch

Updates on CIPA Reform: CA SB 690 Progresses to the Assembly Without Retroactivity Provision.

Benesch on

A national leader in privacy law, California was among the first states to include an express right to privacy in its constitution, create a data breach notification law, and codify robust consumer data protections. ...more

Blank Rome LLP

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

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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

Snell & Wilmer

Ninth Circuit Substantially Expands Personal Jurisdiction Over E-Commerce Businesses in Briskin v. Shopify

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On April 21, 2025, the United States Court of Appeals for the Ninth Circuit, sitting en banc, issued a decision in Briskin v. Shopify, Inc. substantially broadening the exercise of personal jurisdiction over online businesses...more

Jackson Lewis P.C.

District Court Upholds Browsewrap Agreements in Pennsylvania Wiretap Class Action

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Online retailer Harriet Carter Gifts recently obtained summary judgment from the district court in a class action under Pennsylvania wiretap law. At the heart of this case is the interpretation and application of the...more

Perkins Coie

Class Action Lawsuit Over Marketing Email Tracking Pixels Dismissed by Federal Court

Perkins Coie on

Key Takeaways - - At least four courts have now held that retailers using email for marketing are not considered “communication service providers” and therefore are not subject to TUCSRA. - At least five courts have now held...more

Baker Donelson

Recent CCPA Decision Portends Potential Expansion of Class Action Liability Exposure For Cookies, Pixels, and Tracking...

Baker Donelson on

Wild, wild, west?  Web tracking may be the new frontier in class action litigation. With thousands of lawsuits filed in California and increasingly in other states against organizations, including many who may not realize the...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit En Banc Reverses Panel Decision and Holds Non-Resident Corporation Providing Web-Based Payment Processing Platform...

In Briskin v. Shopify, Inc., No. 22-15815, 2025 U.S. App. LEXIS 9410 (9th Cir. Apr. 21, 2025), the United States Court of Appeals for the Ninth Circuit, sitting en banc, held that the Canada-based company Shopify, Inc....more

Carlton Fields

Litigation Under Construction: Recent Life Insurance and Long-Term Care Developments

Carlton Fields on

In Potovsky v. Lincoln Benefit Life Co., the Ninth Circuit Court of Appeals affirmed the dismissal of the insureds’ complaint for failure to sufficiently allege damages regarding the denial of a long-term care claim....more

Ice Miller

Don’t Forget About Biometric Information Privacy Laws When Implementing AI in the Workplace

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As employers deal with mounting pressure or desire to implement artificial intelligence in the workplace, they should not forget the laws in several states and localities that place limitations on the use and collection of...more

CDF Labor Law LLP

Navigating CIPA: Recent Court Decisions and Potential Legislative Reform

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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

Kelley Drye & Warren LLP

Washington Supreme Court Expands Scope of Anti-Spam Law

Two years ago, we posted about a proposed class action lawsuit that accused Old Navy of spamming consumers with emails that included false or misleading information about the duration of sales. For example, the complaint...more

Fox Rothschild LLP

Business Court Assesses Duties to Protect Patient Information Shared Through Electronic Portals

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A Durham County class action asks whether “My Chart,” a widely used portal that medical providers use to communicate with patients about test results, conditions, and treatments should more aptly be labeled “Our Chart.”...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

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

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

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