News & Analysis as of

Retailers Data Collection Class Action

Benesch

Updates on CIPA Reform: CA SB 690 Progresses to the Assembly Without Retroactivity Provision.

Benesch on

A national leader in privacy law, California was among the first states to include an express right to privacy in its constitution, create a data breach notification law, and codify robust consumer data protections. ...more

Fisher Phillips

Federal Judge Denies CIPA Lawsuit’s Class Certification: 5 Key Takeaways for Businesses

Fisher Phillips on

In a significant decision for privacy class action litigation, a federal judge in California recently denied the certification of a proposed class action involving claims under the state’s invasion of privacy law. The May 29...more

Perkins Coie

Class Action Lawsuit Over Marketing Email Tracking Pixels Dismissed by Federal Court

Perkins Coie on

Key Takeaways - - At least four courts have now held that retailers using email for marketing are not considered “communication service providers” and therefore are not subject to TUCSRA. - At least five courts have now held...more

Nutter McClennen & Fish LLP

BJ’s Wholesale Club Loses Bid to Dismiss Complaint Alleging Massachusetts State Law Claims for Wiretap Violations and Invasion of...

Joe Alves filed a class-action complaint against BJ’s Wholesale Club, alleging that BJ’s uses computer code, called Session Replay Code (SRC), to secretly record consumer activity on BJ’s website. Alves claims that BJ’s...more

Bradley Arant Boult Cummings LLP

Pet Stairs, Wiretapping, and Cookies: Implications of the Third Circuit’s Popa Opinion

The case of Popa v. Harriet Carter Gifts, Inc. “began with a quest for pet stairs.” Plaintiff Ashley Popa searched Harriet Carter Gifts’ website, added pet stairs to her cart, but never completed the purchase. During her...more

Akin Gump Strauss Hauer & Feld LLP

Podcast: Retail Industry Outlook: Risks and Rewards

In this episode, partners and Akin Gump retail initiative co-leaders Gregory Knopp and Meredith Slawe discuss the retail sector, its promises and its pitfalls. Among the topics covered: • technological innovation in retail ...more

Robins Kaplan LLP

“But I Only Wore It Once!”: The Rising Cost of Return Fraud

Robins Kaplan LLP on

Your customers may be thinking, "What’s the harm in wearing something once and returning it?" But return fraud can have a big impact on a retailer's bottom line. The National Retail Federation estimates that return fraud will...more

Perkins Coie

Could a Vendor’s Lax Info Security Ruin Your Holiday Sales? Seven Preventative Steps for Retailers

Perkins Coie on

Many of the largest retailer data security breaches have been caused or enabled by the acts or omissions of retailers’ vendors, such as the widely publicized incident at Target Corporation. Several such breaches occurred...more

Mintz - Privacy & Cybersecurity Viewpoints

Massachusetts Zip Code Class Action: Take 3

Another class action suit has been filed in Massachusetts in the zip code wars. This time, the target is instrument retailer Guitar Center for allegedly requesting customers to provide their zip codes when making purchases...more

Mintz - Privacy & Cybersecurity Viewpoints

Yet Another Zip Code Class Action Filed in Massachusetts

Earlier this month, we reported on the privacy case against craft giant Michaels Stores in which the plaintiff alleged that Michaels illegally collected zip codes during credit card transactions. The case was ultimately...more

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