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Data Privacy + Cybersecurity Insider - May 2025

CYBERSECURITY - U.S. Retailers Bracing for Scattered Spider Attacks - Google sent out a warning that the cybercriminal group Scattered Spider is targeting U.S.-based retailers. Scattered Spider is believed to have been...more

What is AI Washing and Why are Companies Getting Sued?

With the proliferation of artificial intelligence (AI) usage over the last two years, companies are developing AI tools at an astonishing rate. When pitching their AI tools, these companies claim that their products can do...more

MGM Inks $45M Class Action Settlement for 2019 and 2023 Data Breaches

MGM Resorts agreed to pay $45 million to settle over a dozen class action lawsuits concerning 2019 and 2023 data breaches. A federal court in Nevada preliminarily approved the settlement, which, according to lawyers, covers...more

Lehigh Valley Health Network Settle Class Action Case for $65M

Lehigh Valley Health Network (LVHN) has agreed to settle a class action filed against it following a February 2023 ransomware attack that compromised personal information of patients, including medical and treatment...more

Tennessee Passes Law Restricting Data Breach Class Action Suits

Tennessee Governor Bill Lee signed legislation on May 22, 2024, that will shield private entities from class action lawsuits stemming from a cybersecurity event unless the event was caused by willful, wanton, or gross...more

Privacy Tip #395 – GM Faces Class Action for Collecting + Disclosing Drivers’ Data Without Consent

Car manufacturer General Motors (GM) is the subject of litigation in Georgia by two New Jersey Chevy Bolt drivers who allege that GM collected data about their driving habits and behavior and disclosed it to third parties,...more

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

Data Privacy + Cybersecurity Insider - August 2022 #2

CYBERSECURITY - Twilio Hit with Social Engineering Smishing Scheme - We’ve explained smishing schemes before. Smishing is like phishing, but uses SMS texting to deliver malicious code to users’ phones, or tricks the user...more

Kronos Biometric Information Class Action Settlement Preliminarily Approved for $15.3M

Kronos, Inc., has agreed to (and a federal judge has preliminarily approved) a $15.3 million settlement to resolve claims that it violated the Illinois Biometric Information Privacy Act (BIPA) by collecting biometric...more

Biometric Information Privacy Programs

Illinois’s Biometric Information Privacy Act (BIPA) continues to be a problem for employers who are using biometric information such as palm readers or fingerprint timekeeping software....more

Data Privacy + Cybersecurity Insider - August 2021 #3

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

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

Data Privacy + Cybersecurity Insider - May 2021 #4

CYBERSECURITY - Tulsa, OK Refuses to Pay Ransom to Attackers - The City of Tulsa, Oklahoma, announced on May 9, 2021, that it had been hit with a ransomware attack, but the Mayor is resolute in not paying the demanded...more

Colonial Pipeline Hit with Class Action for Inflated Prices

Colonial Pipeline was hit with a proposed class action suit this week by a resident of North Carolina who alleges that he had to purchase gasoline at inflated prices due to the “unlawfully deficient data security” of...more

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

Data Privacy + Cybersecurity Insider - January 2021 #3

CYBERSECURITY - NYDFS - Cybersecurity Certificate of Compliance Due April 15, 2021 The New York Department of Financial Services (DFS), which regulates certain covered entities and licensed persons in the financial...more

Securities Fraud Litigation in Wake of Data Breach

It is no longer a matter of if, but when companies that suffer a data breach will be sued in a class action lawsuit following a data breach. Many of those data breach cases get dismissed, as it is difficult for consumers to...more

Data Privacy + Cybersecurity Insider - August 2020 #2

CYBERSECURITY - NSA + FBI Warn Defense Contractors of Russian Hackers - When the National Security Agency (NSA) and the Federal Bureau of Investigations (FBI) get together to issue a joint warning, you may wish to listen...more

Data Privacy + Cybersecurity Insider - May #3

Capital One Required to Produce Forensic Report in Class Action - As a litigator, when responding to any security incident, thoughtful consideration is given to the possibility that the security incident may wind up in...more

Capital One Required to Produce Forensic Report in Class Action

As a litigator, when responding to any security incident, thoughtful consideration is given to the possibility that the security incident may wind up in litigation, and therefore, certain decisions are made in anticipation of...more

Litigation Case Claims Violation of CCPA Under Statutory Private Right of Action

One of the most significant consumer rights offered by the new California Consumer Privacy Act (CCPA) is what we call the “private right of action” afforded by the law. A private right of action under a law basically means...more

Banner Health Settles Data Breach Class Action Litigation for $6 Million

Arizona-based Banner Health has agreed to settle for up to $6 million a class action case filed against it following a 2016 incident that compromised the personal information of 3 million individuals....more

Google Sued Under Illinois Biometric Information Privacy Act

Another day, another suit against a brand name for allegations of violation of the Illinois Biometric Information Privacy Act (BIPA). Plaintiffs’ attorneys are having a field day filing class action lawsuits based on BIPA....more

Vimeo Hit with Class Action for Alleged Violations of Biometric Law

Vimeo, Inc. was sued last week in a class action case alleging that it violated the Illinois Biometric Information Privacy Act by “collecting, storing and using Plaintiff’s and other similarly situated individuals’ biometric...more

Privacy Tip #201 – Capital One Suffers Massive Data Breach

Many readers have reached out to learn about the Capital One data breach and how it affects us. If you haven’t been watching the story unfold as closely as I have, here is a summary of what happened, what information was...more

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