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Husch Blackwell LLP

U.S. Privacy Litigation Update: July 2025 Decisions

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In this post: (1) California courts split on personal jurisdiction post-Briskin; (2) District courts dismiss VPPA claims against movie theaters & online platforms; (3) ND Cal courts find “crime-tort” exception met in...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cookie Consent: Unpacking the UK ICO’s Proposed New Approach to Online Advertising

- What is new: The ICO is proposing to relax its enforcement of cookie consent requirements, meaning user consent would not be required for lower-risk advertising cookies. - Why it matters: The proposals aim to address...more

Paul Hastings LLP

ICO Annual Report Provides Insight Into Data Protection Risks for Businesses

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The UK Information Commissioner’s Office’s (the ICO’s) latest Annual Report summarises its accomplishments and priorities, including last year’s enforcement actions. Based on our review of the report, we see the ICO focusing,...more

Baker Donelson

California AG Secures Landmark Privacy Settlement Over Tracking: What It Means for Your Website

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In a record-setting enforcement action under the California Consumer Privacy Act (CCPA), the California Attorney General (AG) announced a $1.55 million settlement with Healthline Media, a popular online publisher of health...more

Fisher Phillips

Healthline to Pay $1.55M for Alleged CCPA Violations: Key Lessons for Businesses from Largest Settlement Yet

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Healthline Media has agreed to pay $1.55 million to resolve allegations that it violated the California Consumer Privacy Act (CCPA) – which is the largest settlement to date under the state’s landmark privacy law. The...more

Blank Rome LLP

Ninth Circuit Scrutinizes California Wiretap Law: Will Website Chat and Analytics Survive Legal Challenge?

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The Ninth Circuit heard oral arguments on June 10, 2025, in three closely watched appeals—Gutierrez v. Converse Inc., Mikulsky v. Bloomingdale’s, LLC, and Thomas v. Papa John’s International, Inc.—that could shape the future...more

Fisher Phillips

New Class Certification Decision in App-Tracking Case Provides Critical Guidance for Businesses Facing Privacy Claims

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A California federal court just certified a significant class action involving allegations that a health-tracking app improperly shared sensitive health information with third parties without user consent. The court’s May 22...more

Perkins Coie

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

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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

Eversheds Sutherland (US) LLP

Proposed CIPA amendment may stem the tide of CIPA class actions

In a prior alert, we predicted an uptick in class action complaints brought under the California Invasion of Privacy Act (CIPA) alleging that modern website analytical tools such as pixels, cookies and session replay software...more

Baker Botts L.L.P.

CCPA Class Actions Without a Data Breach; Courts Signal a New Litigation Frontier.

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Two recent decisions from the Northern District of California—Shah v. Capital One Financial Corp., No. 24-cv-05985-TLT, 2025 WL 714252 (N.D. Cal. Mar. 3, 2025), and M.G. v. Therapymatch, Inc., No. 23-cv-04422-AMO, 2024 WL...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

Fisher Phillips

Businesses Get Big Privacy Win in Tester Plaintiffs’ Wiretapping Case: 3 Key Takeaways

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In a big win for businesses, a California federal court just held that a “tester” plaintiff – someone who visits websites for purposes of initiating litigation – cannot bring a claim under the California Invasion of Privacy...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: February 2025

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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

Fisher Phillips

Tide May Be Turning in Businesses’ Favor After Key California Court Decisions in Website Tracking Cases

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Two recent court decisions have provided businesses with long-awaited clarity on the reach of the California Invasion of Privacy Act (CIPA) – and could begin to redefine digital privacy litigation for the better. Two separate...more

Jackson Lewis P.C.

Class Certification Granted – California Website Tracking Lawsuit Reminds Businesses about Notice Risks

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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

McDermott Will & Schulte

Data Privacy and Cybersecurity Developments We Are Watching in 2025

The act of predicting what will become the dominating storyline of data privacy and cybersecurity in 2025 is a hazardous enterprise, as one is almost surely to get something wrong. Without fail, every year, regulators and the...more

Fisher Phillips

Groundbreaking Class Certification Decision in Website Tracking Case Serves as Wake-Up Call for Businesses: Proactive Steps You...

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In what appears to be a first-of-its-kind decision, a California federal court just granted class certification in a wiretapping claim brought against a website operator that used third-party technology to track users’...more

Clark Hill PLC

“VPPA Is No Dinosaur Statute” – Second Circuit Breathes New Life Into Federal Video Privacy Protection Act

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“Our modern means of consuming content may be different, but the Video Privacy Protection Act (“VPPA”)’s privacy protections remain as robust today as they were in 1988,” wrote Second Circuit Judge Beth Robinson in the...more

McDermott Will & Schulte

New York Attorney General Issues Cookie Guidance and Enforcement Warnings

On July 15, 2024, the Office of the New York State Attorney General (OAG) published website privacy control guidance focused on cookies and other tracking technologies. The guidance identifies common deficiencies and...more

Baker Botts L.L.P.

Patreon Settles VPPA Lawsuit for $7.2 Million: A Cautionary Tale for Digital Platforms

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Patreon, a popular platform connecting creators with their fans, has recently agreed to a $7.2 million settlement to end a legal battle concerning the Video Privacy Protection Act (VPPA)....more

Wiley Rein LLP

Litigation Grows Around Website Technologies, With Focus on Sensitive Data

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Data privacy-related lawsuits have skyrocketed in recent years. Federal courts saw over 900 data privacy dockets in 2020 – but witnessed a surge to 1,767 dockets in 2023. At the halfway point in 2024, federal court data...more

Husch Blackwell LLP

Privacy Litigation Alert: Two California decisions weigh in on pen registry and “tap and trace” tech claims – but reach different...

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Keypoint: Two California state court decisions have addressed motions to dismiss claims under the novel “pen registry” and “tap and trace” theories, but reached different outcomes after finding different policy considerations...more

Troutman Pepper Locke

Beware Common Website Technology Tools That Can Lead to Wiretap Claims

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Knowing how consumers behave while on a website can provide businesses with valuable information. Frequently businesses employ “session replay” tools to analyze what users do on their website. “Session replay” is software...more

Coblentz Patch Duffy & Bass

Plaintiffs Continue Website Privacy Lawsuits Using 35-Year-Old Statute

In 1988, Congress enacted the Video Protection Privacy Act (“VPPA”) in response to the confirmation hearing of Judge Robert Bork, where his video rental history was disclosed during his Supreme Court confirmation hearing....more

Husch Blackwell LLP

Privacy Litigation Update: SDNY Dismisses Video Privacy Protection Act Claim

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Keypoint: The Southern District of New York dismissed a VPPA claim after finding use of the Meta Pixel does not violate the VPPA when used to transmit information about a visitor’s general activity on a webpage, even where...more

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