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In its recent decision in Harris v. comScore, Inc., the Seventh Circuit declined to review a trial court order certifying a plaintiff class consisting of hundreds of thousands of computer owners who downloaded software that...more
Another class action suit has been filed in Massachusetts in the zip code wars. This time, the target is instrument retailer Guitar Center for allegedly requesting customers to provide their zip codes when making purchases...more
In Kahmeyer v. Federal Credit Corporation, the 13th Judicial Circuit in Hillsborough County, Florida released an opinion that has given new life to the argument that each violation of the Florida Consumer Collection Practices...more
In a recent decision, Tyler v. Michaels Stores, Inc., the Massachusetts Supreme Judicial Court held that zip codes are “personal identification information” and that a merchant asking for that information during a credit card...more
The Supreme Judicial Court of Massachusetts recently held that collecting a consumer's ZIP code at the point of sale may violate Massachusetts General Laws Chapter 93, Section 105(a) (Section 105(a)), which restricts the...more
On January 11, the U.S. District Court for the Northern District of California approved a settlement between a retailer and a class of customers to resolve allegations that the retailer violated the California Song-Beverly...more
This Wall Street Journal Article features Bernstein Shur Attorney Dan Mitchell. Banks typically are responsible for losses when personal accounts are hacked. But commercial clients that fall victim to cyber theft have...more
This BDN Maine article features Bernstein Shur Attorney Dan Mitchell. SANFORD, Maine — A recent court ruling involving a Sanford construction company and its bank could have nationwide implications as attorneys and...more
This Wired Magazine article features Bernstein Shur Attorney Dan Mitchell. In a case watched closely by banks and their commercial customers, a financial institution in Maine has agreed to reimburse a construction...more
Big data yields big data breaches, and potentially produces large class sizes, making such lawsuits attractive to plaintiffs’ lawyers. Companies that store or process personal information face an increasing risk of class...more
There are dozens of federal statues and regulations that govern consumer privacy. They regulate what data a company can collect and how you must protect it once you have it. One of the best ways to mess up in e-commerce is...more
Class action plaintiffs asserting claims against Sony in connection with the 2011 Sony PlayStation Network (“PSN”) data breach face permanent dismissal of their claims unless they can allege actual losses resulting from the...more
In This Issue: - THE DW HEALTHCARE TEAM IS GROWING: With the addition of six new healthcare attorneys, the DW Healthcare Team has expanded its expertise and its depth... - RECOVERY OF LOST PROFESSIONAL...more
In This Issue: Report: Google to Pay $22.5 Million Fine to FTC Over Privacy Violations; “Barefoot” Class Actions Run into Court; $9M Netflix Privacy Settlement Gets Preliminary Approval; NAD Cleans Up Vacuum Claims; and...more
EPIC has asked a federal judge to reject a pending class action settlement concerning Facebook, stating that it does not actually benefit Facebook users. In one letter to the court, EPIC explained that the settlement does not...more
Almost daily, headlines announcing data breaches exposing consumer personal information to identity thieves are becoming more and more common. Recent regulatory and consumer class actions filed on the heels of these breaches...more
Nearly as predictable as the sun coming up in the morning, the recent theft of 6.5 million LinkedIn user passwords has resulted in the filing of a class action lawsuit in a California federal court. In her complaint, a...more
The recent data breach at Global Payments Inc., which has contracts to handle the processing of credit and debit card transactions, has again focused attention on the significant risk associated with storing or transmitting...more
Any company that stores or processes consumers’ personal information is at risk of suffering a data breach — and, potentially, defending a class action lawsuit. Class actions based on data breaches are increasingly common and...more
The Northern District of California continues the series begun by the Seventh Circuit in Sterk v. Redbox Automated Retail LLC, against class actions brought under the federal Video Privacy Protection Act and seeking lucrative...more
On March 28, the U.S. District Court for the Western District of Washington held that actress Huong Hoang’s lawsuit against website IMDb.com pled sufficient facts to move forward on her breach of contract and Washington...more
The California Supreme Court has agreed to hear arguments over whether a state law barring merchants from collecting personal information from consumers in connection with credit card purchases applies to online retailers....more
In This Issue: Not a Dry Case – Judge Lifts Restrictions on Alcohol Advertising in Texas; Tostitos, SunChips, Tropicana Targets of New Suits; Literally True Claim May Still Convey False Message, NAD Cautions; Do Not Pass...more
Now that the new year is upon us, it is important for employers to be aware of the numerous new California laws in the employment area that will impact their operations. Unless otherwise noted, the laws listed below are...more
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