News & Analysis as of

Data Protection Personally Identifiable Information Class Action

Troutman Pepper

30 States Urge Ninth Circuit to Reinstate Data Privacy Lawsuit

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In an unusual move, attorneys general (AG) from 30 states and the District of Columbia filed a bipartisan amicus brief in the Ninth Circuit supporting efforts to revive a proposed class action against payment processor...more

Robinson+Cole Data Privacy + Security Insider

Convergent Outsourcing Settles Data Breach Class Action for $2.45 Million

Convergent Outsourcing Inc., a debt-collection agency, settled a data breach class action in the U.S. District Court for the Western District of Washington for $2.45 million. The class action suit against Convergent alleged...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

Wyrick Robbins Yates & Ponton LLP

My Health, My Data, My Class Action Lawsuit: Why the Washington My Health My Data Act Deserves EVERY Company’s Attention

To say there’s been a lot of new privacy law in the last decade is an understatement. For those of us who think we’ve “seen it all,” many of these new laws arrive and elicit a sense of challenge (for the optimists) or mild...more

Polsinelli

Current Turmoil and Future Risks in Resolving Data Breach Class Actions

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Data incident lawsuits, especially class actions, have the potential to create significant business disruption, loss of marketplace credibility, civil liability or regulatory exposure. Consequently, companies that experience...more

Orrick, Herrington & Sutcliffe LLP

District Court preliminarily approves data breach suit

On January 9, the U.S. District Court for the District of New Mexico granted preliminary approval of a class action settlement in a data breach suit that allegedly compromised approximately 191,000 individuals’ personally...more

Kilpatrick

Data breach class actions: District of Massachusetts dismisses complaint for failure to allege injury-in-fact

Kilpatrick on

Takeaway:  We have written a number of articles about standing issues arising in data breach class actions.  See, e.g., Data breach class actions: Third Circuit sets out parameters for Article III injury-in-fact (Oct. 27,...more

Robinson+Cole Data Privacy + Security Insider

ACTS Retirement Services Faces Class Action over Data Breach

ACTS Retirement Services, Inc. (ACTS), a non-profit corporation that manages retirement communities, suffered a data breach in April 2022, which led to unauthorized access to thousands of current and former employees’...more

Robinson+Cole Data Privacy + Security Insider

SuperCare Health Hit with Another Data Breach Class Action

In the U.S. District Court for the Central District of California last week, SuperCare Health, Inc. was hit with another proposed class action based on a data breach that allegedly compromised the personal and health...more

Robinson+Cole Data Privacy + Security Insider

Mediant Communications Settles Data Breach Class Action Lawsuit

Last week, Mediant Communications Inc. (Mediant) settled a class action lawsuit in the U.S. District Court for the Southern District of New York stemming from a 2019 data breach in which hackers accessed 200,000 individuals’...more

Robinson+Cole Data Privacy + Security Insider

IT Staffing Company Settles Data Breach Class Action

Artech Information Systems settled a data breach class action this week for an incident that occurred in January 2020. Artech will pay up to $10,000 to each individual affected by the breach, based on a tiered payment system....more

Robinson+Cole Data Privacy + Security Insider

If Your Disclosure of a Data Breach Was “Late,” You May Have to Litigate

A professional accounting firm in Illinois received an unwanted holiday “gift” in the form of a class action complaint stemming from its alleged failure to secure personally identifiable information (PII) and to timely notify...more

Proskauer on Privacy

UK Supreme Court Landmark Decision Limits Data Privacy Class Actions in the UK

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The UK Supreme Court handed down its much-anticipated decision in the Lloyd v Google LLC [2021] UKSC 50 case on 10 November 2021 restricting claimants’ ability to bring data privacy class actions in the UK under the (now...more

Robinson+Cole Data Privacy + Security Insider

FabFitFun Settles Class Action for $625,000 for Alleged Data Security Failures

FabFitFun, a fashion and beauty subscription service, settled claims that it failed to adequately protect and secure consumer data resulting in a data breach for a sum of $625,000 in the U.S. District Court for the Central...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 21, Number 9. Privacy Briefs: September 2021

Report on Patient Privacy 21 no. 9 (September, 2021) - DuPage Medical Group in Chicago said that the personal information of more than 600,000 patients may have been compromised in a July cyberattack. The medical group,...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - August 2021 #3

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CYBERSECURITY - T-Mobile Clarifies Facts of Security Incident in Press Release - There has been a flurry of reporting in the past few days on the T-Mobile customer data compromise, with allegations that the compromise...more

Robinson+Cole Data Privacy + Security Insider

Blackbaud Must Face CCPA Claims in Multi-district Class Action from Data Breach

Blackbaud, which suffered a data breach of its customers’ data in a ransomware attack in 2020, in which it admitted paying the ransom in a double extortion attack, is facing multiple class action cases following the attack. ...more

Robinson+Cole Data Privacy + Security Insider

$2.35 Million Settlement in Dickey’s Barbecue Data Breach Class Action

This week, a proposed data breach class action against Dickey’s Barbecue Restaurants Inc.  was settled for $2.35 million in the U.S. District Court for the Northern District of Texas with approval of the settlement terms by...more

Mintz - Privacy & Cybersecurity Viewpoints

CCPA Breach Class Action Settlement About to Get “Minted”

Although the California Consumer Protection Act (“CCPA”) went into effect on January 1, 2020 and over 100 class actions referencing the CCPA have been filed to date, very few class actions have actually made their way to...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Affirms Dismissal of Class Action Based on Claimed “Increased Risk” of Harm

Is there standing to bring a lawsuit when an employee’s personal information is mistakenly circulated to all employees at the company?  A recent decision addressed exactly this question. In McMorris v. Carlos Lopez &...more

Robinson+Cole Data Privacy + Security Insider

School Nutrition Vendor Sued for Compromise of 867,209 K-12 Student Records

PCS Revenue Control Systems, Inc. (PCS) was hit with a proposed class action lawsuit last week alleging that it discovered a data breach from a hacking attack in December 2019 but failed to notify the affected students until...more

Robinson+Cole Data Privacy + Security Insider

Presidio Employee Files Class Action Over Data Breach

North American IT company Presidio faces a proposed data breach class action by an employee for an incident involving employee data. Eric LaPrairie, a former Presidio employee, received a notice of a data breach from...more

Akin Gump Strauss Hauer & Feld LLP

[Podcast] 2020 CCPA Litigation Report – Analyzing the First Year of Litigation

In this episode, Akin Gump cybersecurity, privacy and data protection practice co-heads Natasha Kohne and Michelle Reed, and counsel Molly Whitman discuss the firm’s new 2020 CCPA Litigation Annual Report and its...more

Locke Lord LLP

Taking Stock of Non-Monetary Settlement Provisions

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Since the passage of the California Consumer Privacy Act and because of the continued interest in the Illinois Biometric Information Privacy Act, there has been a focus on the amount of money class members may expect to...more

Sherman & Howard L.L.C.

Routine Collection Of Employee Private Information May Open The Door To Costly Litigation If A Data Breach Occurs

In McFarlane v. Altice USA, Inc., a recent decision out of the Southern District of New York, a class of plaintiffs successfully established standing and stated a plausible claim for breach of implied contract based on a data...more

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