News & Analysis as of

Dismissals Consent

Baker Botts L.L.P.

Amazon and Starbucks Escape Biometric Privacy Class Action in Federal Court

Baker Botts L.L.P. on

Amazon and Starbucks notched a decisive win in the fast-evolving world of biometric privacy litigation, securing the full dismissal of a proposed class action in the U.S. District Court for the Western District of Washington....more

Goodwin

CFPB Dismisses Deposit Account Lawsuit Against National Retailer and Fintech Company

Goodwin on

The Consumer Financial Protection Bureau voluntarily dismissed its lawsuit with prejudice against a major retailer and a fintech company in the District of Minnesota....more

Benesch

Ubisoft Win Offers Defense Blueprint for VPPA Consent Challenges

Benesch on

A recent decision from the Northern District of California may signal an important shift in the trend of how courts interpret “consent” under the Video Privacy Protection Act (VPPA). In Lakes v. Ubisoft, Inc., No....more

Benesch

Second Circuit Explodes Scope of VPPA with New Ruling in Salazar

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The Second Circuit’s decision in Salazar v. NBA, No. 23-1147 (2d Cir. Oct. 15, 2024) creates significant risk for companies that offer videos for viewing on their websites and significantly expands potential liability under...more

Tucker Arensberg, P.C.

Student Cannot Claim Damages for Emotional Distress or Negligence Arising from Hazing

Michael Reed V. Mount Carmel Area School District, Et Al., Case No. 4:23-Cv-00890 (M.d. Pa., October 3, 2023) U.S. District Court dismissed claims against School District for emotional distress under Title IX and for...more

BCLP

Lender’s refusal to approve property sale not intentional interference with business relations

BCLP on

The Sixth Circuit, on March 29, 2023, affirmed the dismissal of a real estate developer’s complaint against Goldman Sachs Specialty Lending Group LP, holding that Goldman Sachs’ refusal to consent to a property sale could not...more

Venable LLP

Ninth Circuit Upholds Dismissal of Autorenewal Lawsuit, Finds Disclosure, Consent, and Acknowledgment Sufficient

Venable LLP on

In January, the Ninth Circuit agreed with a California district court's finding that a software company's autorenewal practices did not violate California's autorenewal law. The decision reflects a win for companies offering...more

McDermott Will & Emery

Agreement to One Is Not Consent to All

McDermott Will & Emery on

Addressing a myriad of issues involving unauthorized use of professional models’ photographs for gentlemen’s clubs’ promotional materials, the US Court of Appeals for the Second Circuit held that the district court erred in...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – August 2020

Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies, brought to you by Hinshaw & Culbertson LLP....more

Skadden, Arps, Slate, Meagher & Flom LLP

Court of Chancery Dismisses Consent and Unconscionability Claims Challenging Contract Between Parent and Wholly Owned Subsidiary

On March 30, 2020, in The Chemours Company v. DowDuPont Inc., et al., C.A. No. 2019-0351-SG (Del. Ch. Mar. 30, 2020), the Delaware Court of Chancery issued an important decision reaffirming bedrock principles of Delaware...more

Sheppard Mullin Richter & Hampton LLP

No Federal Court Standing for BIPA Violation Without Injury

US Cold Storage’s lawsuit under the Biometric Information Privacy Act was recently dismissed because, the court held, the violations of the law were merely technical. As a result, the plaintiff did not have sufficient...more

Womble Bond Dickinson

Court Finds Permissible Purpose Under FCRA, Despite Alleged Lack Of Consent

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The Eastern District of Wisconsin recently confirmed that the permissible purpose for obtaining a consumer credit report under FCRA is broad. In Long v. Bergstrom Victory Lane, 2018 U.S. Dist. LEXIS 171750 (E. D. Wisc....more

Carlton Fields

Defense Victories in Genetic and Biometric Privacy Class Actions

Carlton Fields on

In what may be a glimpse into the next frontier in class action litigation, two federal courts recently disposed of putative class actions alleging violations of state privacy laws involving genetic and biometric data....more

Fenwick & West LLP

Biometric Data Privacy Act Class Action Dismissed for Lack of Actual Injury

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A federal district court in the Northern District of Illinois dismissed a putative class action alleging violations of the Illinois Biometric Information Privacy Act — known as the BIPA — holding that the allegation of a mere...more

Eversheds Sutherland (US) LLP

Six Flags Survives Biometric Law Roller Coaster Courtesy of Appellate Court

Companies that collect and store biometric information from their customers and employees received good news from an Illinois appeals court in late December, a much-needed win in an area that has seen a massive rise in class...more

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