News & Analysis as of

Privacy Laws Statutory Damages

Klein Moynihan Turco LLP

TCPA Compliance is Essential! Give Your Practices and Procedures a Facelift

On June 23, 2025, Nip & Tuck Plastic Surgery, LLC (“Defendant”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call (“DNC”) provisions of the Telephone Consumer Protection Act (“TCPA”). DNC...more

WilmerHale

Year in Review: 2024 BIPA Litigation Takeaways

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Illinois’s Biometric Information Privacy Act (BIPA) continues to drive a wave of privacy-related litigation across the United States, though a 2024 amendment to the act—the first since BIPA’s enactment in 2008—may slow the...more

WilmerHale

Year In Review: 2023 BIPA Litigation Takeaways

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This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more

Dorsey & Whitney LLP

Privacy Litigation Trends - Back to the Future

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Plaintiffs look to the past to take action against modern web tracking - As states rapidly enact new consumer privacy legislation, businesses have been working tirelessly to comply with extensive new data protection...more

Perkins Coie

Be Kind, Don’t Rewind: The VPPA’s Reemergence in Privacy Class-Action Litigation

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After years out of circulation, class-action lawsuits asserting claims under the Video Protection Privacy Act (VPPA) are now back in reruns. But early critical assessment is mixed, so it remains to be seen whether VPPA-driven...more

Carlton Fields

[Webinar] The California Consumer Privacy Act: Are You Ready? - August 25th, 3:00 pm - 4:00 pm EDT

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Join in-house counsel, chief privacy and information officers, and C-suite leaders for an in-depth program featuring Carlton Fields' Cybersecurity and Privacy attorneys. For companies subject to the CCPA, the law ushered...more

Sheppard Mullin Richter & Hampton LLP

The Death of One California Privacy Class Action, and the Birth of Another

As one year ends, another begins. So too it seems with California’s embrace of multi-million dollar privacy class actions. The purported illegal recording of cellular or cordless phone calls under Section 632.7 of the...more

BCLP

Do Companies Need a Written Security Information Plan?

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As of January 1, 2020, California became the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any actual...more

BakerHostetler

CCPA Notice Requirements for Statutory Damages

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Beginning on Jan. 1, 2020, companies that collect personal information of California residents need to be prepared to prevent and defend against potentially catastrophic litigation if such personal information becomes...more

Sheppard Mullin Richter & Hampton LLP

Employee Privacy by Design: Guidance for Employers Beginning to Comply with the California Consumer Privacy Act

On September 13, 2019, the California Senate and Assembly unanimously passed an amendment to the California Consumer Privacy Act (“CCPA”) that places onerous obligations on employers and entitles employees to statutory...more

Patterson Belknap Webb & Tyler LLP

A Closer Look at the CCPA’s Private Right of Action and Statutory Damages

The California Consumer Privacy Act (CCPA) has significantly altered the potential consequences of a data breach under California law by permitting California consumers to bring civil suits for statutory damages, Cal. Civ....more

Epiq

Will the New CCPA Cause an Uptick in Class Action Cases?

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Privacy remains a hotly debated subject in the U.S. and many states are taking steps to protect customer’s personal information.  The newest legislation with the most teeth belongs to California, who in February 2019 passed...more

Sheppard Mullin Richter & Hampton LLP

Ding Dong the CCPA Private Right of Action is (Mostly) Dead!

Whether your favorite movie is The Wizard of Oz or The Princess Bride, we can all agree there is some good news about the California Consumer Privacy Act (CCPA) this Friday afternoon! SB 561 appears to have (mostly) died in...more

Fenwick & West LLP

California’s New Landmark Data Privacy Regulation and What Companies Need to Do to Comply

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What You Need to Know Now - • The new law takes effect January 1, 2020, but there’s a lot to do so you need to start work now. • The new law expands the definition of personal information and gives California consumers...more

Miles & Stockbridge P.C.

California’s Consumer Privacy Act – The Beginning of a National Data Privacy Law?

California enacted the California Consumer Privacy Act on June 28, 2018. This law broadly expands the rights of California residents in their personal information collected through online means. The law imposes requirements...more

Lathrop GPM

California's New Privacy Protections Pack Significant Punch

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What happened? California has enacted a sweeping digital privacy law, creating new protections and rights for consumers’ personal information. The law, which goes into effect in 2020, gives consumers a greater right to...more

WilmerHale

California Enacts Sweeping Consumer Privacy Law

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On June 28, 2018, California enacted the California Consumer Privacy Act of 2018 (CCPA), a sweeping privacy law that provides consumers with broad notice, access, and deletion rights concerning many types of personal...more

Brownstein Hyatt Farber Schreck

California Governor Signs One of the Most Significant Data Privacy Statutes in the U.S.

It is likely that 2018 will be looked back upon as an inflection point with regard to privacy rights, ecommerce and the development of the internet. First, the Allow States and Victims to Fight Online Sex Trafficking Act...more

Harris Beach Murtha PLLC

California Gets Its Very Own GDPR with Statutory Damages

You could almost hear the cheers of plaintiffs’ class action lawyers in California last night, as California’s governor signed the most sweeping privacy law this country has seen to date. Notably, the law gives consumers the...more

McAfee & Taft

Biometrics usher in new era of privacy laws, litigation risks

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In an effort to improve data security, many banking and retail companies have begun using biometric data, such as fingerprints and other physical features, as high-tech replacements for passwords. In view of these efforts,...more

Dorsey & Whitney LLP

Do Constitutional Protections Allow for the Reduction of TCPA Statutory Damage Awards? A Closer Look at Golan

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Sometimes the toughest job a court faces is finding a way to do the right thing. When it comes to the crushing damages afforded by statute for violations of the TCPA, the “right” thing is often to reduce the award to...more

Snell & Wilmer

Top Privacy Cases of 2016: Midyear Report

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Law360, New York (July 1, 2016, 12:12 PM ET) -- The U.S. Supreme Court made a big splash this year establishing a murky threshold for standing that has already been widely cited by both sides of the bar, while consumers...more

Robinson & Cole LLP

SCOTUS agrees to hear Spokeo FCRA case

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The U.S. Supreme Court this week agreed to hear a highly watched privacy case which will have great significance in the rapidly changing area of privacy law....more

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