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Husch Blackwell LLP

U.S. Privacy Litigation Update: August 2024

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Keypoint: California district courts continue to split over whether “knowledge” is required to plead liability under Section 631(a)’s fourth prong while two decisions show courts taking different approaches to VPPA claims at...more

DLA Piper

Europe/Germany: Right to Bring Collective Action for Violations of Information Obligations Under GDPR

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Summary - In its judgement of 11 July 2024 (C-757/22), the European Court of Justice (‘ECJ’) ruled that the violation of a controller’s information obligations under Art. 12 and 13 GDPR, can be subject to a representative...more

Baker Botts L.L.P.

Lawline Sued under the VPPA

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On August 23, 2024, a proposed class action lawsuit was filed by Kamilah Jolly, against FurtherEd, Inc., doing business as Lawline, which centers on allegations that Lawline violated the Video Privacy Protection Act (VPPA)....more

Husch Blackwell LLP

U.S. Privacy Litigation Update: July 2024

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Keypoint: Courts have started to issue Pixel-based wiretapping decisions, the Seventh Circuit weighs in on when a manufacturer can be forced to pay arbitration fees, and three courts showed different approaches to dismissing...more

Bradley Arant Boult Cummings LLP

Can Privacy Be Bought? How Scrutiny of Meta’s Subscription Model Has Wider Implications – PART I

In November of 2023, Meta launched a service in the European Union that allowed users to utilize the Facebook and Instagram platforms “ad free” for a monthly fee. The subscription service was meant to address regulatory...more

Benesch

Noteworthy Biometric Information Updates to the Ever-Changing Legal Landscape

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Meta Lays the Groundwork for Potential Sea Change in BIPA Litigation - In Zellmer v. Meta Platforms, the Ninth Circuit evaluated an appeal from summary judgment entered in favor of Meta. This case stemmed from the...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2024

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Keypoint: The Central District of California issued several wiretapping decisions in May while two decisions on the VPPA illustrate how claims fail or succeed at the pleading stage. Welcome to the fourteenth installment in...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: April 2024

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Keypoint: The Central District of California issues a major victory for website owners facing CIPA-arbitration demands, two decisions address whether a plaintiff consented as a defense to wiretapping claims, three courts in...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: January 2024

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Keypoint: Courts resolved six motions to dismiss wiretapping claims based on session replay technology in January, while two VPPA decisions highlight balance struck by courts. A new privacy litigation theory based on “pen...more

Barnea Jaffa Lande & Co.

Privacy and AI in Israel and worldwide: a look to 2024

During 2023, privacy protection and artificial intelligence regulation continued apace and their implications continued to be a major focus in Israel and around the world. In Israel, this was reflected in a number of...more

Proskauer - Minding Your Business

Big Tech, Biometrics and BIPA: Meta’s Recent $68.5M Class Action Settlement

In July, Instagram’s parent company Meta Platforms, Inc. (“Meta”) agreed to a $68.5 million class-action biometric privacy settlement in connection with the company’s alleged violation of Illinois’ Biometric Information...more

Foley & Lardner LLP

“Keeping Trade Practices on Your Radar”: Examining the Increased Federal & State Use of Unfair and Deceptive Trade Practices Laws...

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State Attorney Generals (“State AGs”) and the federal government are capturing headlines for increasingly suing large corporations for unfair and deceptive trade practices. In some cases, these actions are tackling...more

BakerHostetler

DSIR Deeper Dive: Plaintiffs’ Attorneys Are Trying to Assert a New Cause of Action Against Universities Based on an Old Law...

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As set forth in BakerHostetler’s 2023 Data Security Incident Report, privacy litigation is on the rise. Indeed, 2023 saw a nearly 100 percent increase from 2022 in the number of lawsuits filed in connection with data security...more

Jackson Lewis P.C.

HHS and FTC Send Joint Letter to 130 Hospital Systems, Telehealth Providers Re: Tracking Technologies

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The Department of Health and Human Services and the Federal Trade Commission have sent a joint letter to approximately 130 hospital systems and telehealth providers to emphasize the risks and concerns about the use of...more

Constangy, Brooks, Smith & Prophete, LLP

Video Privacy Protection Act claims are on the rise

Plaintiffs are becoming increasingly creative in their attempts to seek relief involving alleged privacy violations resulting from their online activity. This includes raising allegations of violations of the Video Privacy...more

Wilson Sonsini Goodrich & Rosati

Round Three: FTC Proposes Further Restrictions on Meta's Privacy Practices and a Complete Prohibition on Meta Monetizing Youth...

On May 3, 2023, the Federal Trade Commission (FTC) announced that it issued an order to show cause (the “show cause order”) to Meta Platforms, Inc. (formerly Facebook, Inc., “Meta”). The show cause order proposes major...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #361 – Beware of ChatGPT-Themed Scams

Researchers at Meta, the owner of Facebook released a report this week that indicated that, since March 2023, Meta “has blocked and shared with our industry peers more than 1,000 malicious links from being shared across our...more

Bennett Jones LLP

Federal Court Dismisses Commissioner's Application In Facebook Privacy Case

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The Federal Court of Canada released a decision on April 14, 2023 in OPC v Facebook Inc.,2023 FCC 533 [Facebook], dismissing the Privacy Commissioner's application against Facebook (now Meta Platforms, Inc.) stemming from...more

Mintz - Privacy & Cybersecurity Viewpoints

An Overview of Why Class Action Privacy Lawsuits May Have Just Gotten Bigger – Yet Again.

The Illinois Biometric Information Privacy Act (BIPA), enacted in 2008, was one of the first state laws to address commercial collection of biometric data. Biometric data includes an iris scan, a fingerprint, a voiceprint,...more

Stikeman Elliott LLP

Home Depot Gets Nailed by Privacy Commissioner for Sharing Data with Meta

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Recent findings by the Office of the Privacy Commissioner of Canada (“OPC”) found that Home Depot of Canada Inc. (“Home Depot”) did not obtain valid meaningful consent to share summary purchase information with Meta Platforms...more

Wyrick Robbins Yates & Ponton LLP

One-Two Punch: Lessons from the Irish DPC’s WhatsApp Decision

2023 continues to be a busy year for European data protection authorities. Following its release of the Irish Data Protection Commission’s (DPC’s) binding decisions in cases against Facebook and Instagram, the European Data...more

Husch Blackwell LLP

Privacy Litigation Update: Plaintiffs Assert VPPA Claims Against Fast-Food Restaurant

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Keypoint: Plaintiffs’ attorneys continue to expand lawsuits relating to website tracking technologies. Chick-fil-A once again found itself in the spotlight last week when it was named as a defendant in a lawsuit filed in...more

Robinson+Cole Data Privacy + Security Insider

Chick-Fil-A Sued for Sharing Data through Meta Pixel

While plaintiffs’ attorneys were initially focused late last year on suing health care entities for using Pixel and other tracking technology to share information about website users with social media platforms such as Meta...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - November 2022 #4

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CYBERSECURITY - Health Care Organizations Warned of Venus Ransomware - The Health Care Sector Cybersecurity Coordination Center (IC3) recently released an Analyst’s Note to health care organizations providing information...more

Robinson+Cole Data Privacy + Security Insider

Facebook Is Removing Some Sensitive Information from Public Profiles

Starting December 1, Facebook reportedly will remove several biographic details from user profiles, including “Religious views,” “Political views,” “Interested in” (indicating the user’s sexual orientation), and “Address.”...more

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