On February 14, 2025, in Therrien v. Hearst Television, Inc., the District of Massachusetts denied a motion for class certification due to the plaintiff’s failure to meet the implied ascertainability requirement of Rule 23....more
3/27/2025
/ Class Action ,
Class Certification ,
Constitutional Challenges ,
Consumer Privacy Rights ,
Data Collection ,
Geolocation ,
Litigation Strategies ,
Mobile Apps ,
Personally Identifiable Information ,
Privacy Laws ,
Video Privacy Protection Act
With the increase in AI-related litigation and regulatory action, it is critical for companies to monitor the AI technology landscape and think proactively about how to minimize risk. To help companies navigate these...more
In 2023, we discussed the uptick in data privacy and cybersecurity class action lawsuits; as expected, this trend has persisted throughout 2024 as plaintiffs continue to test new theories of liability and the boundaries of...more
7/19/2024
/ Appeals ,
Article III ,
Class Action ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Privacy Laws ,
Video Privacy Protection Act ,
Wiretapping
In this latest installment of our ongoing consumer privacy series, we focus on potential digital and offline accessibility requirements in the context of the wave of new U.S. state consumer privacy laws.
In the continued...more
8/25/2023
/ Americans with Disabilities Act (ADA) ,
Arbitration ,
California Privacy Protection Agency (CPPA) ,
Compliance ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Human Rights ,
Personal Information ,
Proposed Legislation ,
Risk Mitigation ,
State Privacy Laws ,
Web Content Accessibility Guidelines (WCAG)
In this second installment, we focus on the role of state attorneys general in enforcing U.S. consumer data privacy laws. For our most recent previous article, click here. Most federal privacy laws do not preempt applicable...more
The first question most businesses ask, understandably, is whether they are subject to the new wave of U.S. state privacy laws. For our largest clients, the answer is often a straightforward yes; but for midsize and small...more
For businesses that collect, process, and explore innovative uses of personal information, last month marked a watershed moment in the ongoing evolution of the U.S. regulatory landscape. Cracking down on the cosmetics brand...more
Massachusetts consumers and businesses now know that the Commonwealth will likely not be the next jurisdiction to adopt sweeping consumer data privacy legislation. Earlier last week, the Joint Committee on Consumer Protection...more
2/10/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Legislative Agendas ,
Online Platforms ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Legislation ,
Proposed Regulation ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government
On November 4, 2019, in Wainblat v. Comcast Cable Communications, LLC, et. al., No. 19-cv-10976, the District of Massachusetts ordered that a consumer privacy class action against Comcast must be arbitrated on an individual...more
11/15/2019
/ Arbitration ,
Arbitration Agreements ,
Cable Television Providers ,
Class Action ,
Class Action Arbitration Waivers ,
Comcast ,
Consumer Contracts ,
Consumer Privacy Rights ,
Data Management ,
Motion to Compel ,
Personal Data ,
Popular ,
Statutory Violations ,
Subscribers ,
Subscription Services
On October 7, 2019, the Joint Committee on Consumer Protection and Professional Licensure held a hearing on pending legislation, including An Act Relative to Consumer Data Privacy (S.120). Modeled on the California Consumer...more
10/14/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Cybersecurity ,
Data Privacy ,
Fair Credit Reporting Act (FCRA) ,
Gramm-Leach-Blilely Act ,
Legislative Agendas ,
Non-Discrimination Rules ,
Pending Legislation ,
Personal Data ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
State and Local Government
Earlier this year, Massachusetts state senators introduced a consumer data privacy bill with a private right of action that could become the broadest in the country. ...more