In the past several months, plaintiff’s lawyers have filed dozens of class action lawsuits under state wiretap laws, some of which provide for statutory damages of $5000 per occurrence or more. The lawsuits focus on the use...more
The Third Circuit recently became the first federal appellate court to address the question of whether the victim of a data breach has Article III standing to bring a claim for damages based on the fear of identity theft...more
The first jury trial for violations of the Illinois Biometric Privacy Act (“BIPA”) is underway in the District Court for the Northern District of Illinois. Rogers v. BNSF Ry. Co., No. 1:19-cv-03083. A jury will decide...more
On August 19, 2020, the United States District Court for the Northern District of California granted preliminary approval of the class action settlement in In re Facebook Biometric Information Privacy Litigation,...more
8/21/2020
/ Attorney's Fees ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Class Members ,
Corporate Counsel ,
Data Collection ,
Evidentiary Hearings ,
Facebook ,
Facial Recognition Technology ,
IL Supreme Court ,
Popular ,
Statutory Damages
On March 20, 2019, the Supreme Court refused to address the adequacy of a $8.5 million Google privacy class action settlement and instead remanded to a lower court to determine whether the class action plaintiffs had standing...more
3/21/2019
/ Class Action ,
Cy Pres Funds ,
Frank v Gaos ,
FRCP 23(e) ,
Google ,
Remand ,
SCOTUS ,
Settlement ,
Spokeo v Robins ,
Standing ,
Stored Communications Act ,
Vacated
The Illinois Supreme Court held on January 25, 2019, that plaintiffs filing suit under the Biometric Information Privacy Act—which regulates how private entities disclose and discard biometric identifiers—do not need actual...more
1/30/2019
/ Amusement Parks ,
Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
Data Privacy ,
Fingerprints ,
IL Supreme Court ,
Injury-in-Fact ,
Liquidated Damages ,
Personal Data ,
Personally Identifiable Information ,
Standing ,
Statutory Violations
In the span of just nine days, the U.S. Court of Appeals for the Eighth Circuit issued two rulings in class actions involving data breaches—one breach in 2013 at brokerage firm Scottrade and another in 2014 at grocery stores...more
9/5/2017
/ Article III ,
Breach of Contract ,
Brokerage Accounts ,
Class Action ,
Corporate Counsel ,
Cyber Attacks ,
Data Breach ,
Federal Rule 12(b)(6) ,
Grocery Stores ,
Hackers ,
Injury-in-Fact ,
Personally Identifiable Information ,
Popular ,
Scottrade ,
Standing
The U.S. District Court for the District of Colorado recently dismissed a proposed class action lawsuit filed by financial institutions relating to a 2016 data breach that involved hundreds of Noodles & Company (Noodles)...more
7/27/2017
/ Banking Sector ,
Choice-of-Law ,
Class Action ,
Corporate Counsel ,
Cyber Attacks ,
Data Breach ,
Economic Loss Doctrine ,
Financial Institutions ,
PCI-DSS Standard ,
Personally Identifiable Information ,
Popular ,
Restaurant Industry
The Eighth Circuit Court of Appeals has remanded a $10 million settlement in the Target data breach class action on the grounds that the district court had not rigorously analyzed the propriety of the class...more
2/3/2017
/ Appeals ,
Class Action ,
Class Certification ,
Credit Cards ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Debit Cards ,
Hackers ,
Identity Theft ,
Personally Identifiable Information ,
Point of Sale Terminals ,
Popular ,
Settlement ,
Target
The latest development in how American courts will handle the standing question for data breach class actions came last week when the U.S. District Court for the District of Columbia dismissed for lack of standing a putative...more
8/17/2016
/ Article III ,
Blue Cross ,
Blue Shield ,
CareFirst ,
Class Action ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Hackers ,
Health Insurance ,
Healthcare ,
Identity Theft ,
Injury-in-Fact ,
Personally Identifiable Information ,
Putative Class Actions ,
Standing