April 8, 2021 - Class Action, FCRA

Relief for the Unharmed: Supreme Court Considers Whether Article III & Rule 23 Permit Certification Where Most Class Members are Uninjured (Ramirez v. TransUnion)

The United States Supreme Court has repeatedly declined to resolve a question that has sharply divided the Circuits: whether a class may be certified even though it contains uninjured members. See e.g., Tyson Foods, Inc. v. Bouaphakeo et.al., 136 S. Ct. 1036, 1050 (2016). …›

Much-Anticipated Supreme Court Ruling Limits the TCPA’s Definition of an Autodialer

The Supreme Court has issued its much-anticipated ruling in Facebook v. Duguid, impacting many pending TCPA cases nationwide and providing guidance to the many businesses that engage in calling and texting campaigns. The TCPA generally requires an individual’s prior consent to use an automatic …›

January 19, 2021 - Class Action, Privacy, TCPA

Privacy Litigation 2020 Year in Review: TCPA Litigation

In the final installment of our four-part Privacy Litigation Year in Review series, we focus on important developments in TCPA litigation. The Supreme Court struck down the TCPA’s government-backed debt exemption, leaving district courts to address five years of enforcement and liability under the …›

January 12, 2021 - Class Action, Privacy

Privacy Litigation 2020 Year in Review: BIPA Litigation

Third in our Privacy Litigation Year in Review series is an overview of cases under the Biometric Information Privacy Act (BIPA). 2020 was a busy year for BIPA litigants. Defendants in the flood of BIPA cases ranged from technology companies developing novel biometric products …›

How 2020 Changed Product Liability — And What's Next

Erin Bosman, Julie Park, and Alexandra Preece authored an article for Law360 discussing how product liability regulation and litigation changed in 2020 due to the impact of the COVID-19 pandemic, as well as upcoming trends. “In a year dominated by the pandemic and political gridlock …›

January 6, 2021 - Class Action, Privacy

Privacy Litigation 2020 Year in Review: CCPA Litigation

In part two of our Privacy Litigation Year in Review series, we discuss how plaintiffs are challenging the limits of the California Consumer Privacy Act’s (CCPA) private right of action. In every respect, plaintiffs are trying to expand the private right of action. Given …›

January 4, 2021 - Class Action, Privacy

Privacy Litigation 2020 Year in Review: Data Breach Litigation

2020: the year that will be remembered for privacy litigation. Well, OK, maybe not. But there were many developments in privacy litigation. In this four-part series, we will cover the key litigation developments arising out of data breaches, the California Consumer Privacy Act, the …›