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Civil Procedure Privacy Consumer Protection

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

LabMD Appeal Has Privacy World Waiting

It is the case that could define the scope of the U.S. Federal Trade Commission’s authority in data security. The U.S. Court of Appeals for the Eleventh Circuit heard argument six months ago in LabMD, Inc. v. Federal Trade...more

REPLY “STOP” to OPT-OUT: Recent Court Decisions Provide Guidance to Defeat Telephone Consumer Protection Act Claims Based on...

by Cohen & Grigsby, P.C on

The United States District Court for the District of New Jersey recently ruled that a plaintiff’s expansive text messages stating her desire to stop receiving text messages from the defendant did not constitute a reasonable...more

Spokeo Standing in 2017

by McGuireWoods LLP on

With the year ending, and McGuireWoods’s webinar next week on class actions’ Hot Issues of 2017 approaching, this seems like a good time to take note of a few of the trends we have seen arising in class actions over the last...more

Massachusetts District Court Finds VoIP Service is Not Cellular Service Per Se Under the TCPA

by Burr & Forman on

In Breda v. Cellco Partnership, No. 16-11512-DJC, 2017 WL 5586661 (D. Ma. Nov. 17, 2017), the plaintiff, Robin Breda (“Plaintiff”) claimed Cellco Partnership (“Cellco”) violated § 227(b)(1) of the Telephone Consumer...more

Ninth Circuit Rejects VPPA Claims of Roku Channel User, Declining to Adopt Broad Definition of PII

In a decision that clarified aspects of the video privacy landscape, the Ninth Circuit affirmed the dismissal of an action alleging a violation of the Video Privacy Protection Act (VPPA) based on an assertion that ESPN’s...more

Federal Court Denies Class Certification in TCPA Suit Against Auto-Lender Exeter Finance

by Burr & Forman on

In Billy Ginwright v. Exeter Finance Corp., No. 8:16-cv-565-TDC, ECF No. 107, 2017 U.S. Dist. LEXIS 194739, 2017 WL 5716756 (D. Md. Nov. 28, 2017), a federal district court recently denied Plaintiff’s motion to certify a...more

Privacy & Cybersecurity Update - November 2017

In this month's edition of our Privacy & Cybersecurity Update, we discuss a Washington state court decision allowing a data breach lawsuit to move forward on a negligence claim, a Ninth Circuit ruling regarding releasing...more

Sears Petitions FTC to Reopen and Modify 2009 Order Concerning Online Browsing Tracking

The Federal Trade Commission (FTC) is seeking public comment on a petition by Sears Holding Management requesting that the FTC reopen and modify a 2009 FTC order settling charges that Sears failed to disclose adequately the...more

Judge Bencivengo Refuses to Change Her Stripes - District Court Doubles Down on Romero and Again Dismisses TCPA Claim for Lack of...

by Dorsey & Whitney LLP on

She may be the only judge in the country still actively dismissing TCPA claims for lack of Article III standing following Spokeo, but Judge Cathy Ann Bencivengo demonstrated on Thursday that she is not going to change her...more

To Scan or Not to Scan: Surge in Lawsuits under Illinois Biometrics Law

by McDermott Will & Emery on

The Illinois Biometric Information Privacy Act is having its moment. At least 32 class action lawsuits have been filed by Illinois residents in state court in the past two months challenging the collection, use and storage of...more

Buccaneers Could Lose On and Off the Field: Attempt to Reverse Auction TCPA Class Settlement Batted Down by Eleventh Circuit

by Hinshaw & Culbertson LLP on

A leading Plaintiff's TCPA firm filed a class action against the Buccaneers in 2013, arguing certain company faxes violated the TCPA. The faxes in question contained advertisements promoting football ticket sales, and were...more

Monthly TCPA Digest - October 2017

by Mintz Levin on

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue examines a ruling from the US Court of Appeals...more

Human Intervention Means Program Not ATDS, Illinois Court Rules

Human intervention to make calls on behalf of the defendant ruled out the use of an automatic telephone dialing system (ATDS), an Illinois federal court judge has ruled, granting summary judgment in favor of the defendant....more

Protecting Kids' Information Under the COPPA Cabana

In August 2017, Disney and three of its software developer vendors were sued in a class action in California in which it was alleged that Disney collected children’s information in violation of the Children's Online Privacy...more

Court Reduces TCPA Damages From $1.6B to $32M

Finding $32 million to be a more reasonable award than $1.6 billion, a Missouri federal court judge ordered the producers of “Last Ounce of Courage” to pay for phone calls promoting the movie that ran afoul of the Telephone...more

Consumer Financial Services Newsletter - Fall 2017

by Hinshaw & Culbertson LLP on

The "Unique Factual Circumstances of Each Individual" in Plantiffs' Proposed Class Prompts Appellate Court to Affirm Denial of Class Certification - The Eleventh Circuit Court of Appeals affirmed a district court's...more

Eight-Figure Settlements Continue for TCPA Disputes

Multimillion-dollar settlements continue to be a popular solution to Telephone Consumer Protection Act (TCPA) class actions, as demonstrated by a recent retailer agreement....more

Second Circuit Denies Rehearing in Key TCPA Case

by Ballard Spahr LLP on

Businesses that have not already done so should consult with counsel regarding "consent to be called" provisions in their consumer contracts in the wake of the decision by the U.S. Court of Appeals for the Second Circuit...more

The Class Action Chronicle Fall 2017

This edition focuses on rulings issued between May 15, 2017, and August 15, 2017. In this issue, we cover four decisions granting motions to strike/dismiss class claims, five decisions denying such motions, 27 decisions...more

Court Trims FTC Complaint Asserting Deception and Unfairness Claims

by Hogan Lovells on

Recently, the U.S. District Court for the Northern District of California dismissed three of six claims the Federal Trade Commission (FTC) asserted against D-Link Systems (D-Link) related to its sale of routers and IP cameras...more

The Continuing Saga Of Standing In Data Breach Class Actions: The 8th Circuit Weighs In

by Carlton Fields on

We previously reported on the developing circuit split over Article III standing in data breach class action cases. In August, the D.C. Circuit Court joined the Sixth, Seventh, and Ninth Circuits in finding that the...more

Ninth Circuit Examines VPPA Standing

After concluding that the plaintiff in Robins v. Spokeo has Article III standing to pursue his case, the U.S. Court of Appeals, Ninth Circuit may be considering a similar issue in the context of the Video Privacy Protection...more

Ninth Circuit Shuts Down Lakers: TCPA Means “Privacy” When It Comes to Insurance Coverage

by Foley & Lardner LLP on

As many practitioners who work with the Telephone Consumer Protection Act (TCPA) know, getting insurance providers to cover TCPA cases is a difficult proposition. The Ninth Circuit recently affirmed this notion in Los Angeles...more

Wow! Illinois Biometric Privacy Suits Proliferate

This month, in one of the many recently-filed Illinois biometric privacy suits, a class action complaint alleging violations of Illinois’s Biometric Information Privacy Act (BIPA) was lodged against Wow Bao, a restaurant...more

TCPA Connect - September 2017

A Winner for the Defense - Judge Padova in the Eastern District of Pennsylvania recently granted a motion by Kohl’s to dismiss a putative Telephone Consumer Protection Act class action for lack of standing in Winner v....more

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