News & Analysis as of

Telephone Consumer Protection Act Biometric Information Privacy Act

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
McGlinchey Stafford

Litigation Byte (July 2025 Edition)

McGlinchey Stafford on

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. Second Department Holds Judicial Estoppel Bars...more

WilmerHale

Year in Review: 2023 Data Protection Litigation Trends

WilmerHale on

2023 was an active year for data protection-related litigation. Plaintiffs continued to advance creative theories of liability against businesses, using both older and more established privacy laws (such as the Telephone...more

Wiley Rein LLP

Violation-of-Law Exclusion Defeats Duty to Defend BIPA Lawsuit

Wiley Rein LLP on

The Appellate Court of Illinois, First District, applying Illinois law, has held that two general liability insurers do not owe a duty to defend an insured in a lawsuit alleging Biometric Information Privacy Act (BIPA)...more

Benesch

Society Insurance Stuck Defending Insured In Biometric Privacy Class Action

Benesch on

Notwithstanding the deluge of data breach and internet eavesdropping privacy cases, companies also continue to face an onslaught of biometric privacy actions under statutes like the Illinois Biometric Information Privacy Act...more

Sheppard Mullin Richter & Hampton LLP

[Webinar] Data Beware! Defending Class Actions in the Privacy and Data-Sharing Space - June 13th, 10:00 am - 10:30 am PT

This presentation will discuss the recent surge in class actions challenging companies’ practices for collecting, sharing, and storing consumer data, including claims arising under the Illinois Biometric Information Privacy...more

Rothwell, Figg, Ernst & Manbeck, P.C.

The Supreme Court Declines to Further Clarify Standing for Privacy Claims in Wakefield v. ViSalus

A number of federal privacy laws provide private rights of action, allowing individuals (or class actions) to bring claims alleging violations of certain privacy laws. Some examples of these statutes include the Video Privacy...more

Woodruff Sawyer

GL Coverage for BIPA Lawsuits: A Litigation Update (Part 2)

Woodruff Sawyer on

Why is protecting biometric information so important? Biometrics rely on our physical features to securely gain access to sensitive data—think facial and iris/retina recognition, or fingerprint and even voice scanning. The...more

Kelley Drye & Warren LLP

[Webinar] 2023 Privacy Litigation Trends - February 15th, 12:00 pm - 1:00 pm ET

The proliferation of privacy-related law suits filed against a wide range of companies related to website tracking/analytics will continue in 2023, joining robocall and biometric privacy disputes. Join Kelley Drye Privacy...more

Troutman Pepper Locke

More Privacy, Please - December 2022

Troutman Pepper Locke on

Editor’s Note: In regulatory news, the Federal Trade Commission extended the deadline to comply with the Safeguards Rule, and Health and Human Services issued guidance for the use of online tracking technology under HIPAA. In...more

Jackson Lewis P.C.

Top 10 for 2022 – Happy Data Privacy Day!

Jackson Lewis P.C. on

In honor of Data Privacy Day, we provide the following “Top 10 for 2022.” While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2022...more

Sheppard Mullin Richter & Hampton LLP

Eye On Privacy: 2021 Year in Review

Just as we thought 2022 was going to be significantly different than 2021, December 2021 and January 2022 events have thrown us for another (pandemic) loop. We anticipate that some of the privacy and cybersecurity...more

Rivkin Radler LLP

Insurance Update - June 2021

Rivkin Radler LLP on

Insurance coverage litigation often centers on the interpretation of specific terms and phrases in an insurance policy. In our June Insurance Update: The Illinois Supreme Court decides whether disclosure of biometric...more

Perkins Coie

Illinois Supreme Court Affirms BIPA Lawsuits Are Covered by GL Policies

Perkins Coie on

The deluge of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14 et seq. over the past several years has presented a challenge to companies operating in Illinois. Not surprisingly,...more

Pillsbury - Policyholder Pulse blog

The Duty to Defend a Privacy Claim Arises from Even Limited Publication of Biometric Identifiers

Do general liability policies provide coverage for limited disclosures of biometric data, such as fingerprints? The Illinois Supreme Court has concluded that they do. In a unanimous decision, the Illinois Supreme Court...more

Amundsen Davis LLC

Data Collection Class Actions On The Rise: Consider Your Privacy Compliance

Amundsen Davis LLC on

Technology is moving at the speed of light while we all continue to live in a largely virtual world where we interface with each other, online, everyday. Sprinkled in are continued concerns about how companies, large and...more

Jackson Lewis P.C.

Class Action Trends Report Winter 2021

Jackson Lewis P.C. on

Last year presented many challenges, and 2021 offers a fresh start. In this issue of the Class Actions Trends Report we review the most significant developments of 2020 and take a look forward to what a new year and a new...more

ArentFox Schiff

Class Action Quarterly Update

ArentFox Schiff on

Class Actions Quarterly Update: Employee Misclassification in the Logistics Industry - The vast majority of class action litigation in the logistics industry over the past quarter, and indeed the last few years, has been...more

Sheppard Mullin Richter & Hampton LLP

2020 In Review: Ongoing Enforcement Actions and a Patchwork of Privacy Laws

Throughout 2020 we saw many enforcement actions brought by EU and U.S. regulators. Whether for allegations of deception (misleading privacy representations) or unfairness (failure to protect information), COVID did not appear...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 2, July 2020

The Editors' Note - Welcome to the second issue of Decoded, Spilman's e-newsletter focusing on technology law, including data security, privacy standards, financing technologies, and digital-based means of conducting...more

Troutman Pepper Locke

Where Statutory Privacy Claims Stand After Spokeo: Shaky Ground or Clear Path for Standing?

Troutman Pepper Locke on

Following Spokeo, Inc. v. Robins,1 lower courts across the country were tasked with applying the Supreme Court’s “concrete” injury standard to a wide range of privacy and cyber claims. These claims range from the improper...more

Benesch

Point of Sale Newsletter - January 2020

Benesch on

Enacted in 1991 to stem the tide of telemarketing calls, the Telephone Consumer Protection Act (TCPA) restricts “the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or...more

Seyfarth Shaw LLP

The 2019-2020 Judicial Hellholes Report On The Worst Jurisdictions For Defendants

Seyfarth Shaw LLP on

Seyfarth Synopsis: Every year the American Tort Reform Association (“ATRA”) publishes its “Judicial Hellholes Report.” The Report focuses on litigation issues in state court systems and challenges for corporate defendants in...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert | September 2019

California Adds Biometric Restrictions to Data-Breach Law, Potentially Creating a De Facto Biometric Privacy Law Subject to the governor’s signature, California’s breach-notification law will gain additional requirements...more

BCLP

The Ninth Circuit Addresses Article III Standing And The Illinois Biometric Information Privacy Act

BCLP on

On August 8, 2019, the United States Court of Appeals for the Ninth Circuit again weighed in on Article III standing.  Unlike its previous ventures into standing, however, it did so this time in the context of the Illinois...more

Holland & Knight LLP

BIPA Update: Class Actions on the Rise in Illinois Courts

Holland & Knight LLP on

• Cases brought under the Illinois Biometric Information Privacy Act (BIPA) continue to multiply. • Although BIPA was enacted in 2008, a decision by the Illinois Supreme Court in January 2019 held that an individual does...more

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