Summary -
A class action lawsuit filed against OpenAI and its primary investor, Microsoft, seeks damages and injunctive relief for the alleged theft and commercial misappropriation of consumer personal data processed by and...more
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
Last Friday we blogged on the Saks data breach class action, and in the process mentioned a trend among federal courts to reject fear of future identity theft claims in retail breach cases. ...more
6/3/2019
/ Article III ,
Cause of Action Accrual ,
Class Action ,
Consumer Fraud ,
Corporate Counsel ,
Cyber Attacks ,
Cybersecurity ,
Damages ,
Data Breach ,
Hackers ,
Identity Theft ,
Injury-in-Fact ,
Personally Identifiable Information ,
Popular ,
Retail Market ,
Standing
For years, plaintiffs in data breach class actions have argued that the threshold for Article III standing is low – and increasingly courts are accepting that argument....more
5/31/2019
/ Article III ,
Barnes and Noble ,
Chipotle Grill ,
Class Action ,
Class Representatives ,
Corporate Counsel ,
Data Breach ,
Injury-in-Fact ,
Personally Identifiable Information ,
Retailers ,
Saks ,
Standing ,
Wendy's
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
We’ve previously blogged about the creative efforts of plaintiffs’ counsel to expand the contours of data breach litigation. ...more
7/13/2018
/ Article III ,
Automotive Industry ,
Chrysler ,
Class Action ,
Class Certification ,
Connected Cars ,
Data Breach ,
Data Security ,
Design Defects ,
Fiat ,
Hackers ,
Internet of Things ,
Motor Vehicles ,
Network Security ,
Standing
Plaintiff lawyers’ continued search for damage theories to assert in claims arising from a data breach – or fear of a breach – received a potential setback this week when Chief Judge Michael Reagan of the United States...more
4/9/2018
/ Appeals ,
Article III ,
Automotive Industry ,
Class Action ,
Connected Cars ,
Cybersecurity ,
Damages ,
Data Breach ,
Design Defects ,
Diminution in Value ,
Fiat ,
Hackers ,
Interlocutory Appeals ,
Motor Vehicles ,
Popular ,
Standing
Earlier this week, the Supreme Court of the United States denied certiorari in CareFirst v. Attias, a closely watched case that some thought provided the Court with an opportunity to clarify the standing analysis under Spokeo...more
2/22/2018
/ Article III ,
CareFirst ,
Class Action ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Hackers ,
Health Insurance ,
Identity Theft ,
Injury-in-Fact ,
Personally Identifiable Information ,
Petition for Writ of Certiorari ,
Popular ,
Standing
The U.S. Supreme Court on Monday denied the petition for certiorari seeking review of the U.S. Court of Appeals for the Ninth Circuit's most recent decision in Spokeo v. Robins (Spokeo II), foregoing an opportunity to clarify...more
1/25/2018
/ Article III ,
Background Checks ,
CareFirst ,
Class Action ,
Data Breach ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
Petition for Writ of Certiorari ,
Popular ,
SCOTUS ,
Spokeo v Robins ,
Standing
The U.S. Court of Appeals for the D.C. Circuit has reinstated a data breach class action filed against CareFirst BlueCross BlueShield (CareFirst). The lawsuit stems from a June 2014 data breach in which hackers infiltrated 22...more
8/3/2017
/ Article III ,
Blue Cross ,
Blue Shield ,
CareFirst ,
Class Action ,
Corporate Counsel ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Hackers ,
Health Insurance ,
Identity Theft ,
Injury-in-Fact ,
Personally Identifiable Information ,
Popular ,
Standing
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 U.S. Court of Appeals for the Third Circuit has vacated a district court's dismissal of a data breach class action filed against Horizon Healthcare Services Inc., in the wake of the 2013 theft of two computer laptops...more
1/24/2017
/ Appeals ,
Article III ,
Class Action ,
Data Breach ,
Electronic Medical Records ,
Fair Credit Reporting Act (FCRA) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
HIPAA Breach ,
Injury-in-Fact ,
Laptop Computers ,
Personally Identifiable Information ,
PHI ,
Standing
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
The Pennsylvania Superior Court has affirmed a trial court's decision denying class certification in a data breach case against two health plans, reversing its own earlier ruling in the same case that the plaintiff did not...more
A federal judge in Pennsylvania has allowed a data breach class action against Coca-Cola and several bottling companies to proceed, finding that the plaintiff has Article III standing even though he had left Coca-Cola’s...more
10/7/2015
/ Article III ,
Civil Conspiracy ,
Clapper v. Amnesty International ,
Class Action ,
Coca Cola ,
Data Breach ,
Fraudulent Charges ,
Identity Theft ,
Injury-in-Fact ,
Misrepresentation ,
Motion to Dismiss ,
Personally Identifiable Information ,
Standing
An increase in data breach class actions could be the result of a recent decision of the Seventh Circuit holding that allegations of future harm stemming from a data breach can establish Article III standing. The majority of...more
7/29/2015
/ Adobe ,
Article III ,
Class Action ,
Credit Cards ,
Cyber Attacks ,
Cyber Crimes ,
Data Breach ,
Hackers ,
Identity Theft ,
Invasion of Privacy ,
Negligence ,
Neiman Marcus ,
Standing
A Pennsylvania judge has dismissed a class action arising out of the breach of confidential employee information, adding to a growing body of state courts that have found that negligence claims alleging failure to provide...more
In a notable decision that may lead to an increase in privacy class actions under federal law, the Seventh Circuit in Harris v. comScore, Inc. upheld the certification of a class action for alleged privacy violations under...more