Class Dismissed

May 18, 2023 - Class Action, Privacy
2023 Class Action Law Forum Recap: Privacy Class Actions Panel
By: Lauren N. Margolies
As more organizations collect data to enhance their products or services, privacy is in the forefront of everyone’s minds, earning it a place in the class action spotlight. At the 2023 Class Action Law Forum, the Honorable Vince Chhabria (Northern District of California), Jean Martin
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April 05, 2023 - Class Action, Privacy, Appellate & Supreme Court
No Injury, No Data Breach Claims? Recent Trends in Evaluating Standing in Data Breach Class Actions
By: Nancy R. Thomas
A key contested issue in data breach class actions is whether plaintiffs can satisfy Article III’s injury-in-fact requirement by alleging risk of future harm rather than actual misuse of plaintiffs’ personal information. As the number of data breach class actions filed continues to rise,
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April 03, 2023 - Class Action, Consumer Products, Privacy, Retail
Applying BIPA’s Health Care Exemption to Virtual Try-On Technologies in Light of Dior Dismissal
By: Melissa M. Crespo, Michael Burshteyn and Morgan O'Neill Mitruka
A recent putative class action case against luxury brand Christian Dior sheds light on the health care exemption in the Illinois Biometric Privacy Act (BIPA). In Delma Warmack-Stillwell v. Christian Dior Inc ., the plaintiff alleged Dior’s virtual try-on feature for sunglasses violated BIPA’s
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February 09, 2023 - Class Action, Privacy, TCPA
Privacy Litigation 2022 Year in Review: TCPA Litigation
By: David J. Fioccola, Adam J. Hunt and Tiffani B. Figueroa
In the final installment of our Privacy Litigation Year in Review series, we focus on important developments in TCPA litigation. Following the Supreme Court’s adoption of a narrow definition of “autodialers” (ATDS) in the 2021 case Facebook v. Duguid , courts across the country
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February 01, 2023 - Class Action, Consumer Products, Privacy
Privacy Litigation 2022 Year in Review: CCPA Litigation & Enforcement
By: Mark David McPherson, Purvi G. Patel and Dillon Kraus
In part four of our Privacy Litigation Year in Review series, we discuss courts’ continuing efforts to construe the private right of action provision in the California Consumer Privacy Act. Last year, we noted that plaintiffs were trying to stretch the CCPA’s private right
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January 25, 2023 - Class Action, Privacy
Privacy Litigation 2022 Year in Review: Data Breach Litigation
By: Nancy R. Thomas and Matt Wyatt
022 was another record-setting year for data breach class actions. Here’s our take on the key developments and trends we have seen over the past year, as well as what we should watch for in 2023. We count 43 major data breach class actions
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January 19, 2023 - Class Action, Consumer Products, Privacy, Retail
Privacy Litigation 2022 Year in Review: Biometric Information Privacy Act (BIPA)
By: Tiffany Cheung
Second in our Privacy Litigation Year in Review series is an overview of cases under Illinois’s Biometric Information Privacy Act (BIPA). In 2022, Illinois’s Biometric Information Privacy Act (BIPA) litigation was bustling. Defendants in BIPA cases ranged from pharmacies, insurance companies, and social media
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January 12, 2023 - Class Action, Consumer Products, Privacy, Retail
Privacy Litigation 2022 Year in Review: Wiretapping Litigation
By: Purvi G. Patel and Erik Manukyan
2022 brought a new wave of data privacy lawsuits seeking to impose wiretapping liability on website operators and their service providers—just as the dust settled on the first wave. To date, plaintiffs have filed over 120 such lawsuits across nine jurisdictions (California, Florida, Illinois,
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March 22, 2022 - Privacy, FTC, Class Action
Deleting the Data: A Future Trend in Data Privacy Settlements?
By: David J. Fioccola, Jessica Kaufman, Adam J. Hunt and Sophie Barnett
Meta recently agreed to settle one of the longest-running data privacy lawsuits in the United States. [1] The lawsuit challenged the company’s use of cookies to track users, including after they have logged out of their Facebook accounts. The significance of In re Facebook
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March 22, 2022 - Privacy
California AG Issues First CCPA Opinion: Consumers’ “Right to Know” Includes Businesses’ Internally Generated Inferences
The California Office of the Attorney General (OAG) recently concluded that the California Consumer Privacy Act (CCPA) generally requires a covered business to disclose, upon request, its inferences about a consumer— whether generated internally or obtained from another source —unless the business can demonstrate
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