Privacy Laws, Motion to Dismiss, Standing

Massachusetts Court Grants Motion to Dismiss "Spy Pixel” Privacy Class Action for Lack of Standing

Pierce Atwood LLP on 5/15/2025

On January 31, 2025, in Campos v. TJX Companies, Inc., No. 24-cv-11067, the District of Massachusetts granted a motion to dismiss a class action due to the plaintiff’s lack of standing. The court concluded that the named...more

Privacy ‘Testers’ Don’t Have Standing to Sue, Court Rules

Fox Rothschild LLP on 4/8/2025

If you are “tester” who actively seeks out privacy violations and files lawsuits to ensure legal compliance (as many class action lawsuit plaintiffs are), you do NOT have Article III standing to sue, according to a recent...more

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

Mayer Brown on 3/4/2025

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

FCRA Defendant Falls Victim of its Own Success, Gets Caught in Catch-22 of Subject Matter Jurisdiction

Womble Bond Dickinson on 1/4/2019

Yesterday, a federal court ruled that it did not have subject matter jurisdiction to decide a FCRA-related case. Specifically, the court ruled that the plaintiff did not allege sufficient facts for him to have standing under...more

Beck v. McDonald – 4th Circuit Weighs In on Standing in Data Breach Case

Moore & Van Allen PLLC on 2/9/2017

We don’t see a lot of data breach litigation here in the Fourth Circuit. So it is notable that the Fourth Circuit Court of Appeals issued an opinion yesterday that weighs in on the standing debate (For more on the debate:...more

The Future is Now

Robins Kaplan LLP on 11/18/2016

More than a decade ago Steve Spielberg’s Minority Report contemplated a future in which facial recognition would be ubiquitously used for targeted advertising. Now, a California court will decide whether to dismiss a...more