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In a seven-page opinion, the U.S. District Court for the Northern District of Illinois granted P.F. Chang’s motion to dismiss claims brought by two of its customers alleging that P.F. Chang’s failed to comply with reasonable...more
As previously reported in Workwise, on November 15, 2013, the Alberta Personal Information Protection Act (the “Act”), was declared invalid on constitutional grounds by the Supreme Court of Canada (the “SCC”) in the case of...more
It’s happened. The first class action lawsuit has been filed against Sony for failing to prevent hackers from stealing its current and former employees’ social security numbers, medical records, and salary information....more
In the last two years, there has been a proliferation of class action lawsuits filed in response to high-profile data breaches compromising the personally identifiable information of customers of various companies. Major...more
On Thursday, the attorney for Target Corporation (“Target”) made oral arguments in support of its motion to dismiss consumer claims stemming from the data breach it suffered late last year when hackers stole financial and...more
The Court hearing the Target data security breach litigation issued a ruling on December 2, 2014, largely denying Target’s motion to dismiss the Consolidated Amended Class Action Complaint in the Financial Institutions Cases....more
On December 2, 2014, the U.S. District Court for the District of Minnesota denied Target’s motion to dismiss the claims of a group of five payment-card-issuing banks, credit unions, and savings associations (the “Banks”) that...more
(Decision of 28 October 2014, VI ZR 135/13) -
The German Federal Supreme Court had to decide whether the Federal Republic of Germany may save the IP address of a visitor to their websites beyond the termination of the...more
The Article 29 Working Party, the European data protection advisory body consisting of representatives of the national data protection authorities of the EU Member States, announced yesterday that they have adopted guidelines...more
In a consumer-protection class action filed against Gerber in the District of New Jersey, In re Gerber Probiotic Sales Practices Litigation, plaintiffs alleged that the marketing and labeling of Gerber’s infant formula and...more
On November 17, 2014, the Federal Trade Commission (FTC) announced a settlement with True Ultimate Standards Everywhere (TRUSTe) resolving allegations that TRUSTe failed to conduct annual recertifications for its privacy seal...more
Health care providers have not escaped the recent proliferation of data breach class actions, but plaintiffs generally have been unsuccessful in bringing claims based on the Health Insurance Portability and Accountability Act...more
As recent high-profile cyberattacks have demonstrated, employers have a duty to protect their employees’ electronically stored personal information from being accessed by hackers, and to promptly remedy any breach in security...more
In a pair of recent cases, two California health care providers successfully warded off lawsuits arising from unauthorized data breaches of patient files. These cases illustrate that improper disclosure of electronically...more
The District Court for the Southern District of California certified a consumer class asserting violations of the Telephone Consumer Protection Act (“TCPA”) by defendant Bennett Law, PLLC. Plaintiff alleged that she received...more
This was a claim by a representative plaintiff, Ms. Ladas, alleging that Apple breached the customer’s right to privacy under the Privacy Act (B.C.), since iOS 4 records the location of the “iDevice” (that’s the term used by...more
Mobile marketing is the new frontier, and many companies across many industries are increasingly using technology to communicate with consumers through text messaging. As mobile campaigns proliferate, so do class actions...more
We recently discussed the increase in data breach litigation which resulted after several high-profile data breaches. You can read those articles here and here. Not surprisingly, several of these suits involve class actions...more
A California federal court recently ruled in Marks v. Crunch San Diego, LLC, that a third-party Web-based platform used by a health club to send text messages to its members was not an “automated telephone dialing system”...more
Substantive litigation in the flood of lawsuits concerning the recent Home Depot data breach awaits a determination of where the cases will be heard. Numerous overlapping lawsuits have been filed in courts throughout the...more
The Seventh Circuit Court of Appeals affirmed summary judgment in favor of Redbox Automated Retailer (“Redbox”), in a suit alleging that Redbox violated the Video Privacy Protection Act, 18 U.S.C. § 2710 (“VPPA”). Sterk v....more
On October 8, Georgia Federal District Judge Thomas Thrash, Jr., dismissed a putative class action against The Cartoon Network, Inc., where the plaintiff alleged that the animation company violated the Video Privacy...more
Here are some of the things people consent to when they click on "I agree"...
?That all disputes will be heard and decided in the courts of King County, Washington,
?That they accept the app or service...more
In a recent 7th Circuit decision, the court rejected an appeal that sought relief against Redbox Automated Retail, LLC under 18 U.S. Code §2710. Redbox Automated Retail, LLC utilizes a third-party, Stream Global Services,...more
In Ellis v. Cartoon Network, Inc., No. 14-cv-00484 (N.D. Ga. Oct. 8, 2014), the Northern District of Georgia recently granted a motion to dismiss a putative class action filed against Cartoon Network for alleged violations of...more
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