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Plaintiffs’ attorneys continue to test class action theories under New York City’s Biometrics Law

A putative class action complaint filed against the parent company of the New York Mets underscores the need for businesses in New York City to comply with an oft-overlooked law governing the collection and use of consumer...more

Spate of “surprise” ticket fee class actions target New York venues

Beginning in late 2023, plaintiffs have filed dozens of putative class action lawsuits against companies that sell tickets to entertainment venues and events in New York. These suits arise from allegations that companies are...more

Illinois plaintiffs’ attorneys find new tool in old genetic privacy law

Although the Illinois Genetic Information Privacy Act (GIPA), 410 ILCS 513/1, et seq. was largely ignored by plaintiffs’ attorneys until this year, its substantial statutory penalties and recent case law make it an enticing...more

Plaintiffs’ attorneys discover a new tool in New York City biometrics law

Plaintiffs have filed two putative class action complaints in 2023, alleging violations of New York City’s relatively new biometric information privacy law, signaling a new potential avenue for class action plaintiffs’ lawyer...more

Frequent TCPA flyer is grounded: Federal judge denies class certification due to representative’s deceptive practices

A federal district court judge refused to certify a class led by a serial plaintiff who prolonged unsolicited calls in order to create a cause of action under the Telephone Consumer Protection Act (TCPA). The decision is a...more

The waiting game: Nearly 30 years later, companies lack meaningful regulatory guidance on the TCPA and ADA

Over the past eight years, the number of cases filed in courts across the country alleging violations of the Telephone Consumer Protection Act (TCPA) has more than quadrupled, with thousands filed each year. In 2018, another...more

Legal and Regulatory Developments - Business Interruption Insurance for COVID-19 Related Losses (Update)

As the COVID-19 pandemic continues to have significant economic consequences in the US, a key issue for insurers and businesses throughout the country will be whether all or a portion of losses may be covered by insurance....more

Six Flags Survives Biometric Law Roller Coaster Courtesy of Appellate Court

Companies that collect and store biometric information from their customers and employees received good news from an Illinois appeals court in late December, a much-needed win in an area that has seen a massive rise in class...more

Stand Up, Sit Down, Stand Up: Ninth Circuit Revives Spokeo No-injury Suit

In a decision surely welcomed by the plaintiffs’ bar, the US Court of Appeals for the Ninth Circuit held, on August 15, 2017, that a putative class action plaintiff has Article III standing as long as the plaintiff alleges...more

Cruise Ships Miss the Boat on TCPA Compliance to the Tune of Up to $76 Million

With a trial looming like storm clouds on the horizon, several cruise ship companies and their affiliated travel agencies settled a “robocall” Telephone Consumer Protection Act (TCPA) class action up to $76 million. The...more

Sutherland Wins Dismissal of TCPA Fax Case: Applying Spokeo, Court Finds Plaintiff Incurred No Actual Harm

On July 5, in Sartin v. EKF Diagnostics, Inc., No. 16-1816, 2016 WL 3598297 (E.D. La. July 5, 2016), the U.S. District Court for the Eastern District of Louisiana granted Defendant’s Rule 12(b)(1) motion to dismiss because...more

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