News & Analysis as of

Class Action Stored Communications Act

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Troutman Pepper

More Privacy, Please - May 2022

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Editor’s Note: Connecticut became the fifth state in the nation to successfully pass a comprehensive privacy bill (now awaiting its governor’s signature), following California, Colorado, Utah, and Virginia. Meanwhile,...more

BCLP

District Court Says Supreme Court Ruling on Standing in Class Actions Does Not Apply to Privacy Claims

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On June 25, 2021, the Supreme Court issued an important decision on Article III standing in class actions that will have a significant impact on the way class actions are certified - and will likely scuttle numerous ...more

Bradley Arant Boult Cummings LLP

Privacy Litigation Updates for the Financial Services Sector: Claims Against Yodlee Survive and Limited Discovery of Envestnet...

In November 2020, Yodlee and its parent company Envestnet filed separate motions to dismiss the class action lawsuit brought over Yodlee’s alleged data collection and use practices. Yodlee’s motion to dismiss argued that...more

Benesch

The Consumer Class Action Trend You’ve Never Heard of: State Wiretap Cases

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While the consumer class action landscape has been dominated as of late with the usual suspects (Telephone Consumer Protection Act, Fair Credit Reporting Act, etc.) and the new twists on old standbys (current flavor of the...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Trans Fat and Stolen Emails

This week, we take a look at one Ninth Circuit decision addressing the difficult Article III issues that arise in certain types of consumer class actions, and another in which the Ninth Circuit examined the application of the...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #2 The Impact Of U.S. Supreme Court Rulings

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Seyfarth Synopsis: The second key trend from our 16th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. Over the past few years, the Supreme Court has issued a number of rulings that...more

ArentFox Schiff

Consumer Protection In The New Economy: Privacy Cases In E-Commerce Transactions or Social Media Activities

ArentFox Schiff on

As we face mounting data breaches and fears over loss of privacy, the article notes that, “as the public opinion evolves and increasingly concludes that merely possessing private data puts consumers at risk, consumers may...more

BakerHostetler

Standing in Uncertainty: Spokeo Three Years Later

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In 2016, the Supreme Court issued its decision in Spokeo Inc. v. Robins, holding that even when Congress has granted parties a statutory right, a procedural violation of that right will not by itself satisfy the “concrete...more

King & Spalding

Supreme Court Punts (for Now) on Much-Awaited Class Action Questions in Frank v. Gaos, Remands for Standing

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In Frank v. Gaos, the Supreme Court appeared poised to decide a divisive class action issue: whether settlement awards to third-party charities (known as cy pres awards) are valid. On March 20, however, an 8-1 majority...more

Dechert LLP

Standing Question Prevents Clarity from Justices on “Cy Pres” Class Action Settlements

Dechert LLP on

In Frank v. Gaos, plaintiff Paloma Goas brought a class action alleging that Google’s transmission of users’ search terms violated the Stored Communications Act, 18 U.S.C. § 2701, et seq. (“SCA”). The SCA creates a private...more

Kilpatrick

SCOTUS punts in cy pres only class settlement case remanding on Spokeo standing issue

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As we predicted in a January 2019 post [Cy pres-only class settlements – anticipated Supreme Court decision may never come to pass], the United States Supreme Court, in a closely-watched case, declined to rule on the fairness...more

Cozen O'Connor

U.S. Supreme Court Refuses To Search Google Settlement Agreement For Fairness

Cozen O'Connor on

The U.S. Supreme Court on Wednesday remanded a class action against Google so that the lower courts could determine whether any of the named plaintiffs have standing under Spokeo, Inc. v. Robbins. The underlying suit...more

Polsinelli

Supreme Court Dodges Cy Pres Issue in Class Action Settlements; Remands for Standing Inquiry Under Spokeo

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The federal rules of civil procedure require that class action settlements be “fair, reasonable, and adequate.” In Frank v. Gaos, No. 17-961, the U.S. Supreme Court was expected to decide whether a district court properly...more

Ballard Spahr LLP

Supreme Court Orders Standing Analysis in Google Settlement

Ballard Spahr LLP on

On March 20, 2019, the Supreme Court refused to address the adequacy of a $8.5 million Google privacy class action settlement and instead remanded to a lower court to determine whether the class action plaintiffs had standing...more

Dorsey & Whitney LLP

The Supreme Court - March 20, 2019

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The Supreme Court of the United States issued two decisions this morning: Frank v. Gaos, No. 17-961: Respondent Paloma Gaos and two other named plaintiffs brought a class action against Google. According to the complaint,...more

Seyfarth Shaw LLP

Article III Standing To Remain A Rigorous Federal Court Impediment For Plaintiffs Who Allege Damages Limited To Technical...

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Seyfarth Synopsis: On November 6, 2018, the United States Supreme Court signalled that the Article III standing preconditions to federal court litigation, as described in Spokeo, Inc. v. Robins, 136 S .Ct. 1540 (2016), are...more

Kilpatrick

U.S. Supreme Court puts class action doubleheader on the calendar – cy pres awards and class arbitration

Kilpatrick on

Takeaway: On April 30, the U.S. Supreme Court granted certiorari in a Ninth Circuit case approving a cy pres-only class action settlement. As we reported in a May 2018 post [U.S. Supreme Court puts class action doubleheader...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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China announced yesterday that it was loosening its rules forcing foreign carmakers to link up with a local partner before building factories in China—a move that some see as a step to lowering tensions with the US....more

Fenwick & West LLP

Top SCOTUS Cases Tech Companies Should Watch – Fall 2017 Preview

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The upcoming U.S. Supreme Court term promises to be a big one, featuring a patent case that could be a game changer for many clients and a host of other cases that may affect how tech and life sciences companies deal with...more

Alston & Bird

Supreme Court Denies Cert in Leading Case on Internet Tracking and Analytics

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The Supreme Court recently declined to review In re Google Inc. Cookie Placement Consumer Privacy Litigation—a consolidated class action alleging that Google and third-party advertisers evaded web browser privacy settings,...more

Manatt, Phelps & Phillips, LLP

Advertising Law - June 2015 #2

NFL Scores Victory at Eighth Circuit, $42M Deal With Former Players Upheld - The Eighth Circuit Court of Appeals affirmed the $42 million settlement between the National Football League (NFL) and almost 25,000 former pro...more

King & Spalding

Lenovo’s Unsecure Adware On Consumer PCs Prompts Class Action Lawsuits

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Security experts recently discovered that about 50 different consumer PC models sold by Lenovo since September 2014 were shipped with adware known as Superfish Visual Discovery that could be exploited by hackers to spoof...more

Dorsey & Whitney LLP

The Uphill Climb Continues for Privacy Class Actions: Ninth Circuit Affirms Dismissal of Claims Against Facebook, Zynga

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On May 8, 2014, the U.S. Court of Appeals for the Ninth Circuit affirmed the U.S. District Court for the Northern District of California’s decision to dismiss with prejudice consolidated consumer class-action claims against...more

BakerHostetler

Class Action – Damages and Class Treatment – 2013 Year in Review

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In 2013, theories of injury and damages revealed themselves to be deciding factors at the class certification stage of litigation and whether plaintiffs are able to prove damages on a class-wide basis. Even in those cases...more

BakerHostetler

Google is No Cookie Monster, says Delaware Federal Court

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In a decisive victory for Google and several co-defendants, a Delaware federal court dismissed the claims of a putative class of individuals who alleged that they were injured by Google’s practice of circumventing certain...more

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