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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

Womble Bond Dickinson

First Class Action Filed Under Washington’s MY Health MY Data Act Draws Parallels to Previous SDK Litigation

Womble Bond Dickinson on

On February 10, 2025, the first class action complaint was filed pursuant to Washington’s MY Health MY Data Act (“MHMDA”), Wash. Rev. Code Ann. § 19.373.005 et seq. See Maxwell v. Amazon.com, Inc. et al., Case No. 2:25-cv-261...more

Proskauer - Minding Your Business

Ninth Circuit Decision Has Significant Implications for Terms and Conditions in Smartphone Apps

Proskauer - Minding Your Business on

A recent Ninth Circuit decision centered on something most consumers use many times every day: smartphone apps. In Wilson v. Huuuge, Inc., the Ninth Circuit affirmed the denial of defendant Huuuge’s motion to compel...more

Alston & Bird

U.S. Supreme Court Clarifies the Direct-Purchaser Rule, Allows App Purchasers to Proceed Against Apple

Alston & Bird on

Wondering if you’re a direct purchaser from a monopoly? There’s a Supreme Court ruling for that. Our Antitrust Team downloads the Court’s Apple v. Pepper decision and considers its conclusions and implications....more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Holds Antitrust Claims of iPhone App Consumers Are Not Barred by Illinois Brick

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On May 13, 2019, in a 5-4 decision in Apple Inc. v. Pepper, the U.S. Supreme Court held that consumers of iPhone apps are direct purchasers of Apple and therefore have standing to sue the company for alleged monopolization of...more

Proskauer - New Media & Technology

Second Circuit Upholds Uber’s Mobile Contracting Process, Establishing Template for Mobile Online Contracting

Proskauer - New Media & Technology on

In recent years, courts have issued varying rulings as to whether online or mobile users adequately consented to user agreements or terms of service when completing an online purchase or registering for a service. In each...more

Nossaman LLP

Consumer VPPA Class Action Against CNN Dismissed

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The Northern District of Georgia recently granted CNN’s motion to dismiss a consumer class action that alleged CNN committed a violation of the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710. Perry v. Cable News...more

Seyfarth Shaw LLP

“Human Intervention” Defense To TCPA Gains Traction

Seyfarth Shaw LLP on

On August 26, 2015, we wrote about a decision out of the Northern District of California, Luna v. Shac, LLC, Case No. 5:14-cv-00607-HRL, 2015 WL 4941781 (N.D. Cal. Aug. 19, 2015), in which the defendant prevailed in defeating...more

BakerHostetler

Court Dismisses TCPA Claim Against WhisperText Where Text Messages Sent at App Users’ Direction

BakerHostetler on

Last week, in McKenna v. WhisperText et al., No. 5:14-CV-00424-PSG, 2015 WL 428728 (N.D. Cal. Sept. 9, 2015), the U.S. District Court for the Northern District of California dismissed a purported Telephone Consumer Protection...more

Morrison & Foerster LLP - Social Media

Federal District Court: “Browsewrap” Terms and Conditions Provide Sufficient Notice to Defeat False Advertising Class Action

Morrison & Foerster LLP - Social Media on

Websites sometimes present their terms of use (“TOU”) to users merely by including a link to those TOU on the website without requiring users to affirmatively accept the terms by, for example, checking a box or clicking an “I...more

Orrick, Herrington & Sutcliffe LLP

The Next Frontier in ADA Litigation: Website and App Access for the Disabled

Orrick, Herrington & Sutcliffe LLP on

For the last several years, consumers have increasingly turned to online shopping as an alternative to traditional "brick and mortar" stores. Some reports showed that "Cyber Monday" sales figures beat out those for "Black...more

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