News & Analysis as of

Motion to Dismiss Consumer Privacy Rights

Loeb & Loeb LLP

Lehrman v. Lovo Inc

Loeb & Loeb LLP on

District court denies in part and grants in part AI startup’s motion to dismiss claims by voice actors involving creation and use of AI-generated voice clones, allowing breach of contract and right of publicity claims to...more

Troutman Amin LLP

PRIME TIME: Wolf Destroys Window Cleaner’s Hopes of Quick TCPA Class Action Exit

Troutman Amin LLP on

A window washing company in Chicago is caught in a TCPA class action arising out of their apparent use of prerecorded calls to contact consumers. In Bulgart v. Prime Time Window Cleaning, 2025 WL 1899536 (N.D. Ill. July 9,...more

Robinson+Cole Data Privacy + Security Insider

Federal Court Sinks CIPA Wiretap Lawsuit Against Royal Caribbean Over TikTok Tracking Tool

In a significant win for Royal Caribbean Cruises, a federal judge dismissed a lawsuit that alleged the cruise line’s website violated a California privacy law by using a TikTok tracking tool. The case, Kishnani v. Royal...more

Kilpatrick

Illinois Federal Court Dismisses BIPA Claim Against Hyundai Over Driver Monitoring Technology

Kilpatrick on

A federal court in Illinois has dismissed a class action suit filed under the Illinois Biometric Information Privacy Act (BIPA), finding that Hyundai did not “collect, capture, or otherwise obtain” biometric data by use of...more

Baker Botts L.L.P.

Second Circuit Rules on Scope of VPPA Protection

Baker Botts L.L.P. on

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

Orrick, Herrington & Sutcliffe LLP

District court partially grants defendants’ motions to dismiss, tosses Privacy Act claim

On April 16, the U.S. District Court for the District of Columbia granted in part and denied in part the defendants’ motion to dismiss a case involving claims that DOGE and several federal agencies (including the DOL, the...more

Mayer Brown

Collecting IP Addresses? “Not An Invasion of Privacy,” Says New York Federal Court in CIPA Pen-Register Action

Mayer Brown on

On February 18, 2025, US District Judge Edgardo Ramos of the United States District Court of the Southern District of New York granted the defendant’s motion to dismiss against a plaintiff bringing claims under California...more

K&L Gates LLP

No Harm, No Foul–CIPA Claims Dismissed for Lack of Standing

K&L Gates LLP on

The deluge of lawsuits and demand letters under the California Invasion of Privacy Act (CIPA) has prompted courts to scrutinize CIPA claims more rigorously, including the threshold question of whether CIPA plaintiffs have...more

Klein Moynihan Turco LLP

Daniel’s Law Is Constitutional, Judge Rules

Klein Moynihan Turco LLP on

Readers of this blog may recall a piece in which we discussed a New Jersey State law known as Daniel’s Law and Atlas Data Privacy Corporation (“Atlas Data”), a consumer data protection company. Shortly after Daniel’s Law was...more

Klein Moynihan Turco LLP

E-Mail Wiretap Case Dismissed

A Pennsylvania federal court recently granted a retailer’s motion to dismiss claims that its use of “spy pixels” in its commercial e-mail constitutes illegal wiretapping. In Hartley v. Urban Outfitters, Inc., No....more

Bilzin Sumberg

Through Rain, Sleet, Snow, Hail and Social Media?

Bilzin Sumberg on

An Internet privacy watchdog organization filed a lawsuit recently in the United States District Court for the District of Columbia against the United States Postal Service. In Electronic Privacy Information Center (“EPIC”)...more

Seyfarth Shaw LLP

“Untagging” From Photo Privacy Lawsuit: Facebook Settles Its Illinois Biometric Information Privacy Litigation For $550 Million

Seyfarth Shaw LLP on

Seyfarth Synopsis: On January 29, 2020, Facebook announced that it had reached a settlement with plaintiffs in a class action brought under the Illinois Biometric Information Privacy Act (the “BIPA”) in the U.S. District...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert l January 2020

States Consider Privacy and Data Security Legislation - It’s that time of year again, when we see a flood of legislative activity at the state level on privacy and data security laws. A couple of recent examples are below....more

Ballard Spahr LLP

Trade groups respond to motion to dismiss lawsuit challenging Nevada law allowing applicant to rely on spouse’s or former spouse’s...

Ballard Spahr LLP on

The three trade groups challenging an amendment to Nevada law that allows an applicant for credit with no credit history to request that the creditor deem the applicant’s credit history to be identical to that of the...more

Womble Bond Dickinson

Ninth Circuit Drops the Hammer on Opt Out Evader in TCPA Case

Womble Bond Dickinson on

Today the Ninth Circuit made it clear that it will not tolerate Opt-Out Evaders in its Circuit. Opt-out evaders are unpleasant residents of TCPAland that set up “test” cases by, inter alia, sending everything but “stop” to...more

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