Class Dismissed

March 22, 2022 - Privacy
California AG Issues First CCPA Opinion: Consumers’ “Right to Know” Includes Businesses’ Internally Generated Inferences
By: Vincent Schroder
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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February 01, 2022 - Privacy, Trials
California AG Issues Notices of Violations: Will We Soon Have Guidance on Loyalty Programs Under the CCPA
By: Julie O'Neill and Nathan Reilly
In an action that may eventually lead to clarification around what constitutes a “financial incentive” for purposes of the California Consumer Privacy Act (CCPA), Attorney General Rob Bonta announced on January 28, 2022 that his office (the AG) was beginning an “investigative sweep” pursuant
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January 18, 2022 - Privacy
Privacy Litigation 2021 Year in Review: CCPA Litigation
By: Mark David McPherson, Purvi G. Patel and Michael Burshteyn
The California Consumer Privacy Act has been operative for two full years now, and plaintiffs continue to file CCPA claims at a brisk clip. 2021 saw nearly 100 new complaints with CCPA claims with many of the same types of claims we saw in
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January 13, 2022 - Privacy, Consumer Products, FTC
Forgot to Cancel? Pay Attention to Recent Auto-Renewal Law Changes
By: Julie O'Neill
As subscription models have gained exponential traction, legislatures are clamoring to ensure that their auto-renewal laws keep up with novel consumer protection issues. Several states have introduced or revised their auto-renewal laws, and the Federal Trade Commission has affirmed its commitment to enforce against
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January 05, 2022 - Privacy, Appellate & Supreme Court, TCPA
Privacy Litigation 2021 Year in Review: TCPA Litigation
By: David J. Fioccola and Adam J. Hunt
2021 marked another year of important developments in the TCPA landscape as lower courts issued conflicting interpretations of SCOTUS’s ruling Barr v. AAPC and began to apply the definition of “autodialer” that SCOTUS articulated in Facebook, Inc. v. Duguid. Although defendants swung for the
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January 05, 2022 - Privacy, Arbitration, Class Action
Privacy Litigation 2021 Year in Review: Data Breach Litigation
By: Nancy R. Thomas
Cyber incidents top the list of issues keeping in-house counsel up at night. And as we continue to see the number of incidents climb, we continue to see class actions filed in their wake. So what are the highlights from 2021 and what can
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July 06, 2021 - Privacy, TCPA
TCPA-Like Florida Law Takes Effect
By: Julie O'Neill and Tiffany Cheung
Just a few months after the U.S. Supreme Court narrowed the applicability of the federal Telephone Consumer Protection Act (TCPA), Florida has enacted a law that imposes broad prior consent requirements on phone and text solicitations and provides for statutory damages and a private
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June 23, 2021 - Privacy, Class Action, Retail
Open for Business: Are You Prepared for New York City’s Biometric Identifier Information Law?
By: Marian A. Waldmann Agarwal
Starting next month, businesses in New York City that collect biometric identifier information may be required to provide individuals with notice and be prohibited from selling or profiting from such information. New York City’s biometric privacy law (2021 NYC Local Law No. 3, NYC
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May 14, 2021 - Privacy, Appellate & Supreme Court, FTC
FTC & Privacy: Will the FTC's Rulemaking Push Result in New Privacy Rules?
By: Julie O'Neill
The Federal Trade Commission (FTC) is laying the groundwork to test the scope of its rulemaking authority. On March 25, 2021, FTC Acting Chairwoman Rebecca Slaughter (D) formed a group within the agency’s Office of the General Counsel to centralize FTC rulemakings. In announcing
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April 05, 2021 - Privacy, Appellate & Supreme Court, TCPA, Consumer Products, Class Action, Retail, Mass Torts
Much-Anticipated Supreme Court Ruling Limits the TCPA’s Definition of an Autodialer
By: Tiffany Cheung, Julie O'Neill and Michael Burshteyn
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
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