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Data Privacy Private Right of Action Class Action

Jackson Lewis P.C.

We get Privacy for work — Episode 8: The Surge in Data Breach Lawsuits: Trends and Tactics

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Class action lawsuits in response to data breaches have skyrocketed as plaintiffs look to take advantage of courts’ perceived leniency regarding standing. ...more

Klein Moynihan Turco LLP

Federal Court Moonwalks Over West Virginia’s Daniel’s Law

While the United States Court of Appeals for the Third Circuit (“Third Circuit”) weighs the constitutionality of New Jersey State’s Daniel’s Law, a West Virginia federal court recently opined on the constitutionality of its...more

Epstein Becker & Green

Biometric Backlash: The Rising Wave of Litigation Under BIPA and Beyond

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Biometric technologies—such as fingerprint scanners, facial recognition systems, and retina scans—are now commonplace in modern business operations....more

King & Spalding

Illinois BIPA Reform Takes Effect

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The long-awaited amendment provides immediate relief to corporate defendants from business-destroying liability - On August 2, 2024, Senate Bill 2979 went into effect limiting available damages under Illinois’ Biometric...more

WilmerHale

Year in Review: CCPA Litigation Trends from 2023

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This post is part of a series of articles we are doing on 2023 data protection litigation trends. While the California Consumer Privacy Act (CCPA) is most known for its onerous privacy compliance obligations, the law also...more

WilmerHale

Year In Review: 2023 BIPA Litigation Takeaways

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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

Akin Gump Strauss Hauer & Feld LLP

[Podcast] 2020 CCPA Litigation Report – Analyzing the First Year of Litigation

In this episode, Akin Gump cybersecurity, privacy and data protection practice co-heads Natasha Kohne and Michelle Reed, and counsel Molly Whitman discuss the firm’s new 2020 CCPA Litigation Annual Report and its...more

Stradling Yocca Carlson & Rauth

Dismissal Of Marriott Data Breach Lawsuit Shows How Plaintiffs Still Face Standing Hurdles In The Post-CCPA Era

After the California Consumer Privacy Act (CCPA) took effect on January 1, 2020, a surge of class action lawsuits predicated on alleged CCPA violations hit businesses.  Because of the act’s novelty, it was unclear whether...more

Stradling Yocca Carlson & Rauth

Class Action Suits Attempt To Stretch Consumers’ Ability To Sue For CCPA Violations

The CCPA’s Private Right Of Action - The CCPA gives consumers several new “Privacy Rights”—such as the right to know how their personal information is collected, used and shared, the right to request deletion of their...more

BCLP

Biometric and Facial Recognition Lawsuits and Regulation “Face” National Expansion

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The federal government is looking to put its finger on the pulse of biometric privacy with the proposed National Biometric Information Privacy Act of 2020 (S. 4400), introduced by United States Senators Bernie Sanders...more

Patterson Belknap Webb & Tyler LLP

The Minted Complaint: Another Case Brought Under the CCPA’s Private Right of Action

Well before the California Attorney General’s power to enforce the California Consumer Privacy Act (CCPA) commenced on July 1, 2020, as we have recently reported, private plaintiffs had already jumped into the fray, suing...more

Greenberg Glusker LLP

California Privacy Law Update—CCPA Enforcement Begins July 1, 2020

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As previously announced, the California Attorney General’s Office (“Cal AG”) will begin enforcement of the California Consumer Privacy Act (“CCPA”), which came into effect on January 1, 2020, on July 1st. The Cal AG has...more

Robinson+Cole Data Privacy + Security Insider

Litigation Case Claims Violation of CCPA Under Statutory Private Right of Action

One of the most significant consumer rights offered by the new California Consumer Privacy Act (CCPA) is what we call the “private right of action” afforded by the law. A private right of action under a law basically means...more

Fisher Phillips

The First Wave of CCPA Class Action Litigation

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California’s all-inclusive privacy law, the California Consumer Privacy Act (CCPA), which took effect on January 1, 2020, has already been cited in numerous lawsuits. Over this next year, employers are likely to see lawsuits...more

McDermott Will & Schulte

[Webinar] Reasonable Security – Proactive Defense Against CCPA’s Private Right Of Action - November 19th, 11:30 am ET

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With the California Consumer Privacy Act (CCPA) effective date of January 1, 2020, fast approaching, businesses subject to California’s new privacy law must come into compliance with a number of new obligations. That burden...more

King & Spalding

California Passes, and Massachusetts Considers, Data Privacy Laws That May Trigger a Flood of Class Actions

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Last year, California passed the California Consumer Privacy Act, which creates a private right of action for consumers whose personal information is subject to unauthorized access. The law goes into effect in January. A...more

Epiq

Will the New CCPA Cause an Uptick in Class Action Cases?

Epiq on

Privacy remains a hotly debated subject in the U.S. and many states are taking steps to protect customer’s personal information.  The newest legislation with the most teeth belongs to California, who in February 2019 passed...more

Dorsey & Whitney LLP

Potentially Expanded Private Right of Action Increases Risk of Class Action Exposure Under the California Consumer Privacy Act

Dorsey & Whitney LLP on

Looking Back - the California Consumer Privacy Act, and How We Got Here - As companies were getting up-to-speed on the effects of the European Union’s General Data Protection Regulation (GDPR) last year, California quickly...more

Skadden, Arps, Slate, Meagher & Flom LLP

Exploring the New California Consumer Privacy Act’s Unusual Class Action Cure Provision

The California Consumer Privacy Act (CCPA) takes effect on January 1, 2020, and applies to all companies that do business in the Golden State. The new act is California’s rejoinder to Europe’s General Data Protection...more

Seyfarth Shaw LLP

Newly Proposed Legislation To Restrict Biometric Privacy Class Actions In Illinois

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Seyfarth Synopsis: Although the Illinois Supreme Court’s recent decision in Rosenbach v. Six Flags may have upped the ante for employers facing litigation under the Illinois Biometric Information Privacy Act (“BIPA”)...more

McDermott Will & Schulte

Biometric Privacy Update – Actual Harm Not Required

Since the passage of the Illinois Biometric Information Privacy Act (BIPA) in 2008, it has been used by plaintiffs’ attorneys to sue companies that use biometric identification technologies. Many BIPA cases have failed...more

Bradley Arant Boult Cummings LLP

Illinois Supreme Court Adopts Expansive Interpretation of Standing under Illinois BIPA, Potentially Opening the Flood Gates for...

In a much-anticipated ruling, the Illinois Supreme Court recently held that allegations of actual injury are not required to seek damages under Illinois’ Biometric Information Privacy Act (BIPA or the Act). The case is...more

BCLP

The Practical Guide to the California Consumer Privacy Act: Part 4

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The California Consumer Privacy Act of 2018 (“CCPA”) is arguably the most comprehensive - and complex - data privacy regulation in the United States. The CCPA was designed to emulate the European General Data Protection...more

K&L Gates LLP

OnRisk: Biometric Insurance

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Issues of digital privacy are multi-faceted and extend far beyond the now-routine data breaches that make headlines. The digital collection, use, and storage of biometric information (fingerprints, retinal or iris scans,...more

Jones Day

Appellate Court Limits Who May Sue Under Biometric Information Privacy Act

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As noted in a prior Commentary, plaintiffs continue to bring a flood of lawsuits under Illinois' Biometric Information Privacy Act ("BIPA") against companies that collect, use, or store biometric identifiers. Many of these...more

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