Privacy Laws, Standing, California

California federal court bemoans choice of unfit plaintiffs in denial of class certification motion

Kilpatrick on 6/30/2025

When a court begins its order denying class certification by lamenting the “failure to properly vet named plaintiffs” and “seeming unwillingness to promptly address issues that arise during litigation with named plaintiffs”...more

California’s evolving standing jurisprudence provides companies with a key defense in response to a wave of privacy claims

Hogan Lovells on 6/5/2025

Over the last several years, California appellate courts have begun to align the threshold standing analysis under California law with the federal Article III standing requirements, presenting an emergingly viable...more

Proposed CIPA amendment may stem the tide of CIPA class actions

Eversheds Sutherland (US) LLP on 5/5/2025

In a prior alert, we predicted an uptick in class action complaints brought under the California Invasion of Privacy Act (CIPA) alleging that modern website analytical tools such as pixels, cookies and session replay software...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

California District Court Dismisses Putative Class Action Against Apple on Article III Standing Grounds Where Privacy Claims...

King & Spalding on 4/8/2021

Since the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), courts have grappled with what constitutes a sufficient injury in fact to satisfy Article III standing requirements. Predominant Issues...more