On April 12, 2019, an Oregon federal jury returned a Friday evening verdict in a Telephone Consumer Protection Act (TCPA) class action that could put the defendant on the hook for $925 million in damages. The TCPA makes it unlawful…
Blog Archives
U.S. Supreme Court Refuses to Search Google Settlement Agreement for Fairness
The U.S. Supreme Court on Wednesday remanded a class action against Google so that the lower courts could determine whether any of the named plaintiffs have standing under Spokeo, Inc. v. Robbins. The underlying suit alleged violations of the Stored…
Illinois Supreme Court Sheds Light on the Importance of Strict Compliance with State’s Biometric Information Privacy Act
On January 25, 2019, in Rosenbach v. Six Flags Entm’t Corp., the Illinois Supreme Court held that an individual is an “aggrieved” party under the Illinois Biometric Information Privacy Act (“BIPA”) and may seek damages absent an allegation of harm…
Tagged with: biometrics, class action, legislation, litigation, privacy, regulations
Posted in Legislation, Litigation, Privacy, Regulations
Posted in Legislation, Litigation, Privacy, Regulations
Recent Decision Sends Companies Rushing to Review Browsewrap Agreements
A California federal court recently held in Rushing v. Viacom, Inc. that an arbitration provision in Viacom’s End User License Agreement (“EULA”) was one click shy of enforceability, and denied the company’s motion to dismiss claims against it pending arbitration.…
Technical FACTA Violation Insufficient to Confer Standing
A federal court in Texas cut short a putative class action alleging violation of the truncation requirement under the Fair and Accurate Credit Transactions Act (FACTA), sending a clear message to plaintiffs that minor inconvenience flowing from a procedural violation…
Tagged with: class action, cybersecurity, facta, litigation, spokeo, standing
Posted in Litigation, Privacy
Posted in Litigation, Privacy
Latest Spokeo Decision Adds to the Growing Body of Law Supporting Article III Standing for Cybersecurity Plaintiffs
We recently wrote about a decision in Attias v. CareFirst, Inc., holding that a class of plaintiffs whose information was compromised in a cyberattack had sufficiently demonstrated standing to survive a motion to dismiss. The U.S. Court of Appeals for…
CareFirst Data Breach Appeal Holds Three Key Lessons for Cyberattack Litigants
A recent federal appellate decision suggests that it might be getting easier for cyberattack plaintiffs to establish standing in a manner sufficient to survive a motion to dismiss. According to the U.S. Court of Appeals for the District of Columbia…
Tagged with: breach, class action, cyber security, data breach, litigation, standing
Posted in Cyberattack, Data Breach, Litigation
Posted in Cyberattack, Data Breach, Litigation
Coca-Cola Dodges Privacy Class Action
Coca-Cola won big last month when it secured summary judgment in a privacy class action brought by a former bottling plant employee concerning compromised personal information. Hon. Joseph Leeson of the Eastern District of Pennsylvania found that Coca-Cola was not…
Tagged with: breach, class action, cyber security, cybersecurity, laptop, litigation, privacy
Posted in Data Breach, Data Security, Litigation, Privacy
Posted in Data Breach, Data Security, Litigation, Privacy
Fourth Circuit To Plaintiffs: “Could” Isn’t Enough For Standing
A split continued to develop in the federal courts last month as the Fourth Circuit denied Article III standing to the plaintiffs in a data breach case whose alleged injuries were limited to the increased risk of future identity theft…
Tagged with: breach, class action, cybersecurity, data breach, litigation, standing
Posted in Data Breach, Litigation
Posted in Data Breach, Litigation
Plaintiffs in Horizon Breach Win Key Article III Ruling at 3rd Circuit
Recently, the Third Circuit Court of Appeals overturned a United States District Court for the District of New Jersey dismissal of a class action filed in the aftermath of a data breach at Horizon Healthcare Services Inc., (“Horizon”). The appellate…
