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Data Privacy › Consumer Privacy Rights › Appeals

Fisher Phillips

Federal Appeals Court Hands Out Win in Website Chat Wiretap Case: What It Means for Your Business

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If your company uses a third-party tool to power your website chat function or AI-assisted customer service, the 9th Circuit Court of Appeals just delivered a ruling you should know about. On July 9, the court affirmed...more

McDermott Will & Emery

Protecting LGBTQ+ online privacy in 2025

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A recent amicus brief filed by LGBT Tech, with the support of a coalition of LGBTQ+ advocacy organisations and legal counsel from McDermott Will & Emery, carries significant weight in ongoing jurisprudence regarding online...more

Constangy, Brooks, Smith & Prophete, LLP

Liability Beyond Borders: Court expands scope of California privacy litigation

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The U.S. Court of Appeals for the Ninth Circuit has issued a pivotal ruling that is likely to reshape privacy litigation for e-commerce platforms. In Briskin v. Shopify, Inc., the Court held that Shopify, despite being...more

Baker Botts L.L.P.

Second Circuit Rules on Scope of VPPA Protection

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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

Blake, Cassels & Graydon LLP

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

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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

Shook, Hardy & Bacon L.L.P.

A Blockbuster Week for the VPPA—New Releases from the Sixth and Seventh Circuits

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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

BCLP

Court of Appeal Considers the Test for CPR 19.8 Representative Actions in Prismall v Google

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The Court of Appeal has handed down its judgment in the case of Prismall v Google UK Ltd and DeepMind Technologies Ltd [2024] EWCA Civ 1516. Finding for Google, the Court of Appeal upheld the lower Court’s decision to...more

Klein Moynihan Turco LLP

One-to-One Consent Rule Vacated: What Comes Next?

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In a stunning, if not entirely unexpected development, the United States Court of Appeals for the Eleventh Circuit has vacated the Federal Communications Commission’s (“FCC”) one-to-one consent rule. The decision prevented...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Data Brokers Face Slew of Lawsuits Under New Jersey Privacy Law

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A federal judge recently ruled that a New Jersey privacy law, which allows victims to assign their right to sue, is constitutional, which will allow thirty-seven separate lawsuits to proceed. The court certified the question...more

Pierce Atwood LLP

Federal Courts in the First Circuit Continue to Grapple with Privacy Class Action Claims

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In 2023, we discussed the uptick in data privacy and cybersecurity class action lawsuits; as expected, this trend has persisted throughout 2024 as plaintiffs continue to test new theories of liability and the boundaries of...more

Sunstein LLP

Exploitation of Publicly Available Website Data May be Unstoppable

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Data scraping is a technique by which automated tools are used to extract data from a website and format the data for analysis. Many companies mine website users’ publicly accessible data in order to tailor products and...more

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