News & Analysis as of

Privacy Civil Procedure Consumer Protection

Read Privacy Law updates, news, and legal commentary from leading lawyers and law firms:

TCPA Class Certification Denial Exposes Major Spousal Scheme

by Dorsey & Whitney LLP on

There are plenty of things I’d like to do with my wife one day. Take a trip to Greece. Finally convince her to go camping with me (never going to happen). But filing a class action with her as class representative is...more

Business Litigation Report - January 2018

January 2018: Federal Circuit Issues Important Decision On Written Description And Enablement In Amgen Inc. v. Sanof - In Amgen Inc. v. Sanofi, 872 F.3d 1367 (Fed. Cir. 2017), the Federal Circuit acknowledged the relevance...more

Dollars And Sense: Federal Court Refuses To Enjoin State Court Squabble Over Attorneys’ Fees

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a TCPA class action where final settlement (including attorneys’ fees) had already received final approval, a federal district court in California denied class counsel’s request to enjoin a pending...more

Schrems v. Facebook: The Show Must Go On In Vienna, But Now As A One-Man Show

Recently, Austrian privacy activist Maximilian Schrems won a partial victory in his continuing battles with Facebook. We discuss that case below. But first, we review his prior tilts with Facebook....more

A Shot in the Arm: Second Circuit Holds Flu Shot Text Messages Didn’t Violate TCPA

Earlier this month, the Second Circuit ruled that Mount Sinai Health System did not violate the Telephone Consumer Protection Act (TCPA) when it sent automated flu shot text message reminders to patients. The three-judge...more

Ninth Circuit Finds No Vicarious Liability Under the TCPA for Marketing Text Message

by Burr & Forman on

In Kristensen v. Credit Payment Services, Inc., — F.3d —, 2018 WL 343758 (9th Cir. 2018), the Ninth Circuit recently held that three lenders and two marketing companies could not be vicariously liable under the TCPA for text...more

Second Circuit Finds that Flu Shot Reminder Text Does Not Violate TCPA

by Burr & Forman on

In Latner v. Mt. Sinai Health System, Inc., ___ F.3d ___, 2018 WL 265085 (2d Cir. 2018), the Second Circuit recently held that a single flu shot reminder text does not violate the TCPA when a patient gives prior express...more

Fitbit Can’t Put Sleep-Tracking Claims to Bed

Fitbit may lose some sleep over a putative class action challenging the advertising claims for its sleep-tracking function after the court denied the company’s motion for summary judgment in the case....more

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

669 Results
|
View per page
Page: of 27
Cybersecurity

Follow Privacy Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.