Privacy, Consumer Protection, Civil Procedure

Court Dismisses California AG’s First Suit Against Mobile Application Provider Under Online Privacy Protection Act

by BuckleySandler LLP on 5/21/2013

On May 9, the Superior Court of California dismissed California Attorney General Kamala Harris’ first suit against a company for allegedly failing to comply with the state’s Online Privacy Protection Act. California v. Delta...more

Privacy Litigation Alert: California Court Dismisses Attorney General's Mobile App Privacy Suit Against Delta, Offers Little...

by David Marty, Tyler G. Newby | Fenwick & West LLP on 5/15/2013

A California Superior Court judge has dismissed with prejudice a privacy suit brought by California Attorney General Kamala Harris against Delta Airlines. The complaint, filed in December of 2012, alleged that Atlanta-based...more

Retailers Should Use Caution In Collecting Zip Codes From Consumers

by Mark Bross | Adler Pollock & Sheehan P.C. on 4/15/2013

In a recent decision, Tyler v. Michaels Stores, the Supreme Judicial Court of Massachusetts ("SJC") has increased the risk of class action lawsuits under M.G.L. c. 93A against retailers who collect consumers' ZIP codes during...more

Hannaford vs. comScore – Up and Down Results for Privacy Class Action Defendants

by Judy Selby | BakerHostetler on 4/10/2013

Sighs of relief by class actions defendants following the denial of class certification in Hannaford may give way to renewed uncertainty now that a massive class, estimated by the plaintiffs’ lawyer to be more than a million...more

Check the White Pages for Personal Information: Massachusetts Decision Highlights the Expansion of Consumer Privacy Litigation

by Abby Sher | Cozen O'Connor on 3/26/2013

Last week, in Tyler v. Michaels Stores, Inc., the Supreme Judicial Court of Massachusetts responded to certified questions presented by the district court and interpreted a Massachusetts statute to reflect the state’s...more

Massachusetts Follows California in Finding Retailers Vulnerable to Suit for Collecting Zip Codes in Credit Card Transactions

by Michael von Ansbach-Young | BakerHostetler on 3/26/2013

Earlier this month, the Massachusetts Supreme Court issued an opinion holding that zip codes “may well qualify” as personally identifiable information under the Massachusetts law controlling the treatment of PII in credit...more

Massachusetts High Court Decision Regarding ZIP Codes Increases Consumer Litigation Risk for Retailers

by Ropes & Gray LLP on 3/20/2013

On March 11, 2013, the Supreme Judicial Court of Massachusetts ruled in Tyler v. Michaels Stores, Inc. that a retailer’s collection of ZIP codes while processing credit cards can violate Mass. Gen. Laws ch. 93, § 105(a), a...more

It’s Déjà Vu All Over Again: Massachusetts Allows Actions for Violation of Privacy Rights Based on Collection of ZIP Codes

by Nicole Jeong, David McDowell, Purvi Patel | Morrison & Foerster LLP on 3/19/2013

Massachusetts appears to have followed California’s lead in opening a litigation floodgate over ZIP code collection at the point of sale. In 2011, the California Supreme Court held in Pineda v. Williams-Sonoma Stores, Inc.,...more

Massachusetts Supreme Judicial Court Rules That Retailers May Be Sued for Wrongful Use of Customer Zip Codes Recorded During...

by Cynthia Larose, A. W. "Chip" Phinney III | Mintz Levin - Privacy & Security on 3/14/2013

“May I have your zip code?” is an all-too-familiar question that may be going the way of the dinosaur in Massachusetts. Many retailers commonly ask customers for their zip codes when processing credit card transactions at,...more

Supreme Court’s Clapper Decision Raises Bar for Standing in Data Security Breach Litigation

by Ropes & Gray LLP on 3/5/2013

On February 26, 2013, the United States Supreme Court in Clapper v. Amnesty International adopted a demanding standard for Article III standing in privacy cases. Although the case addressed issues of Constitutional privacy,...more

Advertising Law -- Feb 15, 2013

by Manatt, Phelps & Phillips, LLP on 2/18/2013

In This Issue: The FTC and the Mobile Ecosystem: Enforcement Action, Report, and Educational Materials Released; Size Really Does Matter – At Least for Subway Sandwiches; Will Maryland Be the Next California?; CARU...more

CFPB Issues Final Rule On FOIA And Litigation Procedures

by Stephen M. Quinlivan | Leonard, Street and Deinard - Dodd-Frank and... on 2/18/2013

The CFPB has issued a final rule that establishes procedures for the public to obtain information from the Bureau of Consumer Financial Protection, under the Freedom of Information Act, the Privacy Act of 1974, and in legal...more

Are You Recording Your Customers’ Calls? Better Listen

by Albert Gidari, Jr., John Roche | Perkins Coie on 2/4/2013

Federal law and most states only require one party to a phone call to consent to recording it, which means the person recording the call doesn’t need anyone else’s permission; however, a minority of states, including...more

California District Court Holds Song-Beverly Credit Card Act Does Not Prohibit Post-Transaction Collection Of Zip Codes, Denies...

by BuckleySandler LLP on 2/4/2013

On January 28, the U.S. District Court for the Northern District of California denied a motion for class certification filed by a group of plaintiffs seeking to challenge, on behalf of similarly situated individuals, a...more

California Supreme Court To Rule On Legality Of Collecting Customer Information During Online Credit Card Purchases

by Joshua Reiten, Bobbie Wilson | Perkins Coie on 1/23/2013

Companies that accept online credit card payments should be keeping an ear very close to the ground for the California Supreme Court’s decision in Apple v. Superior Court (Krescent), expected within the next few weeks. ...more

California Federal District Court Dismisses Privacy Class Action For Lack Of Injury

by BuckleySandler LLP on 1/12/2013

On December 28, the U.S. District Court for the Northern District of California dismissed a putative class action alleging that Google Inc.’s privacy policy violates the federal Wiretap Act and state consumer protection...more

Privacy Class Actions: Year-in-Review

by Erica Gann Kitaev | BakerHostetler on 1/7/2013

During 2012, privacy class actions continued to trend toward two major categories: 1) actions that arose out of a data breach event and 2) actions brought to prosecute an alleged consumer privacy right....more

Recent Trends in Class Actions for Telephone and Fax Solicitation and Advertising

by Justin Winquist | BakerHostetler on 12/19/2012

Class actions under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, continue to be an active trend in consumer and privacy class action litigation. The TCPA, which was historically called the "fax blast"...more

Recent Trends in Class Actions for Telephone and Fax Solicitation and Advertising

by Justin Winquist | BakerHostetler on 12/17/2012

Class actions under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, continue to be an active trend in consumer and privacy class action litigation. The TCPA, which was historically called the “fax blast”...more

Spam Text Class Action Certified

by Kathryn L. Ossian | Miller Canfield on 12/11/2012

If your organization sends text message advertisements, a recent order by the U.S. District Court for the Western District of Washington will be of interest to you. The judge certified two classes of plaintiffs in an action...more

Advertising Law -- Nov 29, 2012

by Manatt, Phelps & Phillips, LLP on 12/1/2012

In This Issue: Could Papa John’s be Liable for $250 Million in a Spam Text Suit?; FTC Chair: COPPA Update by End of 2012, Do Not Track Will Take Longer; Calm Down! CSPI Targets Caffeinated Products; Confirmatory Opt-Out...more

Standing on the Precipice: Privacy Litigation and Standing Requirements

by David Munkittrick | Proskauer - Privacy & Data Security on 11/27/2012

The U.S. Supreme Court heard arguments last month in Clapper v. Amnesty International, a case that asks the Court to determine whether a group of lawyers, journalists, and human rights workers have standing to challenge the...more

The Ninth Circuit Holds That The TCPA Prohibits Automated Calls Even When They Do Not Refer To Any Specific Good Or Service

by Sheppard Mullin Richter & Hampton LLP on 11/1/2012

In Chesbro v. Best Buy Stores, LP, No. 11-35784, 2012 WL 4902839 (9th Cir. Oct. 17, 2012), the Ninth Circuit reversed the Western District of Washington’s grant of summary judgment in favor of Best Buy Stores, LP ("Best Buy")...more

Google Not Required to ID Anonymous Bloggers

by Balough Law Offices, LLC on 9/28/2012

Google, Inc., is not required to identify anonymous bloggers who posted their opinions regarding a real estate developer on a blog hosted by Google. The company had been subpoenaed by the developer to disclose the names of...more

The TCPA - DC District Court Holds Removal Based On Supreme Court Recognition Of TCPA Claims Improper

by Burr & Forman on 9/26/2012

FDS Restaurants, Inc. v. All Plumbing, Inc., Civ. No. 12-394 (RMC), 2012 WL 4052847 (D.D.C. Sept. 14, 2012). In FDS Restaurants, Inc. v. All Plumbing, Inc., Defendants sought to remove a TCPA case to federal court,...more

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Privacy › Consumer Protection › Civil Procedure

Court Dismisses California AG’s First Suit Against Mobile Application Provider Under Online Privacy Protection Act

Privacy Litigation Alert: California Court Dismisses Attorney General's Mobile App Privacy Suit Against Delta, Offers Little...

Retailers Should Use Caution In Collecting Zip Codes From Consumers

Hannaford vs. comScore – Up and Down Results for Privacy Class Action Defendants

Check the White Pages for Personal Information: Massachusetts Decision Highlights the Expansion of Consumer Privacy Litigation

Massachusetts Follows California in Finding Retailers Vulnerable to Suit for Collecting Zip Codes in Credit Card Transactions

Massachusetts High Court Decision Regarding ZIP Codes Increases Consumer Litigation Risk for Retailers

It’s Déjà Vu All Over Again: Massachusetts Allows Actions for Violation of Privacy Rights Based on Collection of ZIP Codes

Massachusetts Supreme Judicial Court Rules That Retailers May Be Sued for Wrongful Use of Customer Zip Codes Recorded During...

Supreme Court’s Clapper Decision Raises Bar for Standing in Data Security Breach Litigation

Advertising Law -- Feb 15, 2013

CFPB Issues Final Rule On FOIA And Litigation Procedures

Are You Recording Your Customers’ Calls? Better Listen

California District Court Holds Song-Beverly Credit Card Act Does Not Prohibit Post-Transaction Collection Of Zip Codes, Denies...

California Supreme Court To Rule On Legality Of Collecting Customer Information During Online Credit Card Purchases

California Federal District Court Dismisses Privacy Class Action For Lack Of Injury

Privacy Class Actions: Year-in-Review

Recent Trends in Class Actions for Telephone and Fax Solicitation and Advertising

Recent Trends in Class Actions for Telephone and Fax Solicitation and Advertising

Spam Text Class Action Certified

Advertising Law -- Nov 29, 2012

Standing on the Precipice: Privacy Litigation and Standing Requirements

The Ninth Circuit Holds That The TCPA Prohibits Automated Calls Even When They Do Not Refer To Any Specific Good Or Service

Google Not Required to ID Anonymous Bloggers

The TCPA - DC District Court Holds Removal Based On Supreme Court Recognition Of TCPA Claims Improper

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