Consumer Protection Civil Procedure Privacy

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TCPA Connect - January 2017

A California federal court judge issued a pair of rulings resulting in a split decision for Telephone Consumer Protection Act defendant Dick's Sporting Goods. Although the court denied the national retailer's motion to...more

Constitutional Standing Provides Fertile Battleground In Data Breach Litigation

A common and understandable concern of companies that suffer a data breach is whether the victims can sue the company. It is tempting to assume that the victims won’t sue if they do not suffer identity theft or monetary loss...more

Keeping Section 5 Alive: The FTC Brings Suit Against D-Link

The U.S. Federal Trade Commission (“FTC”) has filed suit against Taiwan-based D-Link Corporation and D-Link Systems, Inc. (collectively, “D-Link”), manufacturers and sellers of home networking devices including routers,...more

Court Finds “Nuisance” to be Concrete Injury under the TCPA

The United States District Court for the Middle District of Florida has ruled that nuisance and invasion of privacy claims are concrete injuries for standing purposes under the Telephone Consumer Protection Act (“TCPA”). In...more

American Eagle Settles TCPA Class Action for $14.5 Million

American Eagle Outfitters (American Eagle) settled a class action filed against it for alleged Telephone Consumer Protection Act (TCPA) violations for $14.5 million last week. The class action complaint alleged that American...more

Cybersecurity 2017 – The Year in Preview: Changes Afoot in Federal Enforcement?

Editor’s note: This is the sixth and last in our end-of-year series. See our previous posts on trade secrets, state regulation and law enforcement, HIPAA compliance, emerging threats, and energy. See you in...more

TCPA Connect - December 2016

Defendant’s Attempt to Moot TCPA Suit Fails (Again) - A Telephone Consumer Protection Act defendant was unsuccessful in persuading a Massachusetts federal court judge to dismiss a putative class action under the statute...more

Wake-Up Call: Law Firms in the Cybersecurity Crosshairs

Last week marked the first time a U.S. law firm was publicly named in a class action data security lawsuit. Originally filed in April 2016, the class action complaint in Shore v. Johnson & Bell, Ltd., 16-cv-4363 (N.D. Ill.),...more

Class Certification Denied in TCPA Action Against Dick’s Sporting Goods

Recently, a California federal judge, U.S. District Judge Cormac J. Carney, denied a request for class certification in the Telephone Consumer Protection Act (TCPA) class action against Dick’s Sporting Goods Inc. (Dick’s)...more

What Is an ATDS? The New Battleground in TCPA Litigation Since The FCC’s Declaratory Ruling

The world of Telephone Consumer Protection Act (TCPA) litigation is constantly changing. With this evolution, new issues arise on almost a daily basis, challenging those prosecuting and defending these claims. A recent and...more

A Failed Strategy: Another Derivative Action In A Data Breach Case Goes Down To Defeat

Dismissal Of Home Depot Derivative Action Extends Shareholder Losing Streak An attempt to impose liability on corporate officers and directors for data breach-related losses has once again failed. On November 30,...more

11th Circuit better defines FTC’s ‘Unfair’ standard – The details are in the damage

In November 2016, the Court of Appeals for the 11th Circuit stayed a Federal Trade Commission (“FTC”) Final Order enforcing a complaint against LabMD related to the exposure of customer data. In the process of issuing the...more

Hooters Loses Spokeo-Based Challenge to TCPA Lawsuit

Hooters of America, LLC (“Hooters”) recently lost a challenge to a federal lawsuit brought in connection with allegations that its text message advertisements violated the Telephone Consumer Protection Act (“TCPA”). The...more

Insurance Recovery Law - November 2016

Asbestos Injury Continuous, Delaware Supreme Court Rules - Why it matters - In the latest ruling in the long running asbestos litigation involving pump manufacturers in Delaware, the state's highest court declared,...more

D.C. District Court Dismisses Cybersecurity Suit Against The IRS

On November 2, 2016, Judge Rosemary Collyer of the U.S. District Court for the District of Columbia dismissed a class action cybersecurity lawsuit against the Internal Revenue Service (“IRS”) for lack of standing and failure...more

D.C. Court of Appeals checks, then balances CFPB’s power

A cornerstone of the Dodd-Frank Wall Street Reform and Consumer Protection Act was the creation of the Consumer Financial Protection Board (“CFPB”). The CFPB, as envisioned by the legislation, would be the independent...more

EU-U.S. Privacy Shield challenged

Privacy advocacy group Digital Rights Ireland has launched a challenge in European courts against the EU-U.S. Privacy Shield scheme, claiming it does not adequately protect the privacy rights of EU citizens. The lawsuit is...more

Should Banks Be Held to Higher Standard in Data Breach Cases?

In a cautionary tale for banks, a federal court judge in Illinois dismissed a lawsuit filed by Community Bank of Trenton after concluding the bank’s sophisticated business dealings required a higher standard than consumer...more

CJEU says dynamic IP addresses can constitute personal data

The Court of Justice of the European Union (“CJEU”) has ruled that dynamic IP addresses can constitute personal data. Dynamic IP addresses, registered by a website provider when an individual accesses its website, shall...more

DC Circuit Hears TCPA Oral Arguments

Oral arguments were recently held before the U.S. Court of Appeals District of Columbia Circuit in a consolidated case, spearheaded by ACA International, challenging the Federal Communications Commission's (FCC) recent order...more

Dynamic IP Addresses May Qualify as Personal Data

In a key decision, the European Court of Justice has ruled that dynamic IP addresses may qualify as personal data in certain circumstances—ending years of uncertainty about whether such fundamental building blocks of the...more

Illinois District Court Denies Motion to Certify TCPA Class Action

In the consolidated cases Espejo v. Santander Consumer USA Inc., No. 11 C 8987, 2016 WL 6037625 (N.D. Ill. Oct. 14, 2016) and Levins v. Santander Consumer USA Inc., No. 12 C 9431, 2016 WL 6037 (N.D. Ill. Oct. 14, 2016), the...more

D.C. Circuit Weighing FCC’s Controversial 2015 TCPA Declaratory Ruling

Yesterday, a panel of the D.C. Circuit—composed of Judges Srinivasan and Pillard and Senior Judge Edwards—heard argument in ACA International v. FCC, the consolidated appeals from the FCC’s 2015 Declaratory Ruling and Order,...more

Southern District of California Holds Charge for Incoming Call Does Not Create Standing to Assert TCPA Claim

Plaintiff filed suit, placing at issue a single call to his cell phone using an ATDS, and attempting to represent a class of similarly situated individuals. The only allegation in the Complaint arguably relating to injury was...more

Spokeo, Inc. v. Robins and the TCPA: The Fallout is as Clear as “Concrete”

In the wake of Spokeo, Inc. v. Robins, 136 S.Ct. 1540 (May 16, 2016), the Supreme Court decision that had the chance to be legendary, but instead settled for punting back to the Ninth Circuit Court of Appeals, we are left...more

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