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Wisconsin Federal Court Finds Spokeo Spells the End for Consumer Privacy Class Action

In a sign of the continuing significance of the U.S. Supreme Court’s recent ruling in Spokeo v. Robins, 136 S. Ct. 1540 (May 24, 2016), another federal court has cited that ruling in dismissing claims for lack of Article III...more

Six Key Consequences of the D.C. Circuit Upholding Net Neutrality

On its third try, the Federal Communications Commission finally got the sweeping net neutrality court victory it had been seeking for years. In US Telecom v. FCC, the U.S. Court of Appeals for the District of Columbia...more

TCPA Connect - June 2016

Lyft Swerves to Avoid TCPA Claim, But Suit Continues - A Washington federal court issued a mixed decision for Telephone Consumer Protection Act defendant Lyft recently by allowing the suit to move forward on state law...more

Rule Change Would Let Law Enforcement Access Computers Remotely Regardless of Location

The Supreme Court recently adopted a proposed change to Rule 41 of the Federal Rules of Criminal Procedure that would allow a federal judge to issue warrants authorizing government agents to access computers located in any...more

Political Organizations File Suit Over Constitutionality of TCPA

American Association of Political Consultants, Inc. et al. v. Lynch, Civil Action No. 5:16-cv-00252 (E.D.N.C., May 12, 2016). On May 12, 2016, five politically based organizations filed a suit against Loretta Lynch, in...more

Fourth Circuit joins other circuits holding no warrant is required for cell tower data

The Fourth Circuit held that the Government is not required to obtain a warrnt for cell tower data in United States v. Graham, 4th Cir., No. 12-4659, en banc (5/31/16). The Court found that cell tower data was voluntarily...more

Delta Wins CalOPPA Case – But Your Mobile App May Not Fly

In a decision favorable to the airline industry—but not helpful to other companies—the California Court of Appeal said that a privacy enforcement action against Delta is not going to fly. On May 25, 2016, the Court of Appeal...more

No Capacity and No Liability: Court Rules Dialing System Is Not Subject to TCPA and Verizon Is Not Vicariously Liable

In its July 2015 declaratory ruling, the FCC significantly broadened the TCPA’s definition of an automatic telephone dialing system (ATDS) to encompass not only equipment with the “present ability to dial randomly or...more

First Circuit Decision Creates Ambiguity in Consumer VPPA Class Actions

The vast majority of courts confronted with “free app” cases under the Video Privacy Protection Act (“VPPA”) have dismissed those claims.  A recent First Circuit decision, however, signals a change in that trend.  ...more

PayPal Reaches Settlement With Texas Over Venmo Privacy and Security Disclosures

Venmo is a peer-to-peer mobile payments service that PayPal acquired in 2013. Users can transfer money to another person using a mobile or web application (e.g., send money to a friend to split the cost of dinner). On May 20,...more

…And We’re Back! Still No Resurgence of “Picking Off” After Campbell-Ewald

Following an interlocutory appeal, in which the First Circuit ruled that a Rule 68 offer made prior to class certification did not moot the plaintiff’s claim, defendant returned to the Massachusetts district court seeking...more

Data Breach Lawsuits: Challenges Persist After Spokeo v. Robins

Data breaches are as common as the common cold—unfortunately, just as incurable. Run a news search on “data breaches” and you’ll find that all kinds of institutions—major retailers, tech companies, universities, even...more

Recent SCOTUS Decision on Standing Will Significantly Impact Data Breach Cases

Whether a plaintiff has standing to sue is a wellspring of dispute in the context of data breach cases, and in Spokeo, Inc. v. Robins, the U.S. Supreme Court recently made clear that the battle must be fought on two fronts....more

Supreme Court rules technical statutory violations do not establish standing without actual injury

In a decision that will impact a consumer’s standing to bring a claim under a number of federal statutes that allow for significant statutory penalties, such as the Video Privacy Protection Act, the Stored Communications Act,...more

Concrete and Particularized: What the Supreme Court’s Spokeo Ruling May Mean for Privacy Class Actions and Big Data – the First in...

On May 16, 2016, the Supreme Court of the United States issued its decision in Robins v. Spokeo, No. 13–1339, 578 U. S. ____ (2016), putting to rest months of speculation as to whether the Court could come to a meaningful...more

CA Court Plays “Tag” – Judge Refuses to Drop Facebook Photo-Tagging Privacy Case

Earlier this month, a judge from the Northern District of California allowed a putative class action suit to proceed against Facebook. In this case, the plaintiffs alleged Facebook collected and stored biometric data of...more

Facebook biometric class action continues in California

A federal district court in California recently rejected Facebook’s request to dismiss a class action lawsuit related to Facebook’s biometric facial recognition database. The case arises from a complaint by Illinois residents...more

Caribou Coffee faces TCPA class action for unwanted text messages

Caribou Coffee Co. Inc. (Caribou Cofee) was hit with a class action this week in Wisconsin. which alleges that the company violated the Telephone Consumer Protection Act (TCPA) when it sent unsolicited text messages to...more

No Expectation of Privacy in Relation to Workplace Emails and Evidence Seized by the Police in the UK

In the recent case of Garamukanwa v Solent NHS Trust the UK Employment Appeal Tribunal ("EAT") held that the Claimant, Mr Garamukanwa, had no reasonable expectation of privacy in respect of emails sent to a work colleague...more

Mobile Apps – New Frontier of the Video Privacy Protection Act

The First Circuit Court of Appeals, in its recent decision in Yershov v. Gannett Satellite Information Network, Inc., breaks new ground, extending the reach of the Video Privacy Protection Act of 1988 (VPPA) to video content...more

Uber hit with class action case for sending political texts to customers

Uber Technologies, Inc. was hit with another class action lawsuit last week for allegedly violating the Telephone Consumer Protection Act (TCPA) when it sent text messages to its customers without prior written consent....more

Advertising Law - May 2016 #2

New Jersey Statute Causing Uptick in Class Actions - Businesses in New Jersey are facing an influx of consumer class actions over common terms of service based on a plaintiff-friendly interpretation of a 36-year-old...more

California Court Refuses to Dismiss Biometric Privacy Suit against Facebook

The District Court for the Northern District of California recently issued what could be a very significant decision on a number of important digital law issues. These include: the enforceability of “clickwrap” as compared...more

Consumer VPPA Class Action Against CNN Dismissed

The Northern District of Georgia recently granted CNN’s motion to dismiss a consumer class action that alleged CNN committed a violation of the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710. Perry v. Cable News...more

Court Grants Motion Of Non-Signatory To Compel Arbitration Of Privacy Violation Claims Of Putative Class Of Verizon Customers

The class action was brought by Verizon subscribers against a “targeted advertising” company business partner of Verizon (Turn, Inc.) for deceptive trade practices under New York law. Plaintiffs alleged that Turn violated...more

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