News & Analysis as of

Class Action Personal Data Consumer Privacy Rights

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Benesch

VPPA In Flux: Circuits Split on Who Counts as a VPPA “Consumer”

Benesch on

The question of who qualifies as a “consumer” under the Video Privacy Protection Act (VPPA) is no longer academic. In late March and early April 2025, two federal appellate courts issued starkly conflicting rulings in Gardner...more

DLA Piper

Google Unable to Avoid Mass Opt-Out in Privacy Class Action

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Plaintiffs’ attorneys are continuing to aggressively pursue mass arbitrations in privacy litigation. The latest challenge came when Judge Beth Labson Freeman in the Northern District of California ruled last month that...more

Hinshaw & Culbertson - Consumer Crossroads

Navigating Standing Considerations in Data Breach Class Actions

The growing prevalence of data breaches has led to an uptick in class action litigation based on consumers' personal information allegedly being accessed. A common theme emerging in these lawsuits is plaintiffs claiming that...more

Orrick, Herrington & Sutcliffe LLP

First Lawsuit Filed Under Washington’s My Health My Data Act

On February 10, 2025, a Washington state resident filed a lawsuit on behalf of herself and similarly situated individuals against Amazon under the Washington My Health My Data Act (MHMD). This is the first lawsuit brought...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Location Data as Health Data? Precedent-Setting Lawsuit Brought Against Retailer Under Washington My Health My Data Act

An online retailer was recently hit with the first class action under Washington’s consumer health data privacy law alleging that it used advertising software attached to certain third-party mobile phone apps to unlawfully...more

Husch Blackwell LLP

First Washington My Health My Data Act Class Action Lawsuit Filed

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On February 10, 2025, a class action lawsuit was filed against an online retailer under the Washington My Health My Data (MHMD) Act’s private right of action. The complaint also alleges violations of federal wiretapping and...more

BCLP

Court of Appeal Considers the Test for CPR 19.8 Representative Actions in Prismall v Google

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The Court of Appeal has handed down its judgment in the case of Prismall v Google UK Ltd and DeepMind Technologies Ltd [2024] EWCA Civ 1516. Finding for Google, the Court of Appeal upheld the lower Court’s decision to...more

Polsinelli

Technology Transactions & Data Privacy - 2025 Report

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It is hard to believe that we are starting the 25th year of the 21st century. The rapid evolution that technology, privacy and data security have undergone these last 25 years is mindbending. Yet, as we enter 2025, it still...more

Robinson+Cole Data Privacy + Security Insider

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

Vedder Price

Illinois Supreme Court: Increased Risk of Harm Arising from a Data Breach Is Insufficient to Confer Standing

Vedder Price on

On January 24, 2025, the Illinois Supreme Court ruled in Petta v. Christie Business Holding Co., P.C., 2025 IL 130337, that a patient who alleged an increased risk of harm arising from a data breach at a medical clinic did...more

DLA Piper

Australia: Long Awaited Australian Privacy Reform Comes to Fruition

DLA Piper on

The Australian Government has today published a draft Bill outlining the next steps in Australia’s Privacy Act Review process.  The changes to be implemented by the Privacy and Other Legislation Amendment Bill 2024 include...more

DLA Piper

Europe/Germany: Right to Bring Collective Action for Violations of Information Obligations Under GDPR

DLA Piper on

Summary - In its judgement of 11 July 2024 (C-757/22), the European Court of Justice (‘ECJ’) ruled that the violation of a controller’s information obligations under Art. 12 and 13 GDPR, can be subject to a representative...more

Klein Moynihan Turco LLP

E-Mail Wiretap Case Dismissed

A Pennsylvania federal court recently granted a retailer’s motion to dismiss claims that its use of “spy pixels” in its commercial e-mail constitutes illegal wiretapping. In Hartley v. Urban Outfitters, Inc., No....more

Clark Hill PLC

Right To Know - July 2024, Vol. 19

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Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

Latham & Watkins LLP

Europäischer Gerichtshof ebnet den Weg für Massenklagen im Datenschutz

Latham & Watkins LLP on

Der Europäische Gerichtshof („EuGH“) legt die Anforderungen für Schadensersatz nach Art. 82 EU Datenschutz-Grundverordnung („DSGVO“) in einem neuen Urteil weit aus (Urteil vom 4. Mai 2023, C-300/21). Zwar trifft der EuGH...more

Epiq

More Businesses Using Biometric Data Means More Regulation

Epiq on

Biometric data continues to take up a massive amount of space in the digital universe. Fingerprints, facial scans, and voice recognition are staples of modern devices and are regularly integrated into business models....more

Robinson+Cole Data Privacy + Security Insider

Samsung Sued Under CCPA

A class action lawsuit, Seirafi et al v. Samsung Electronics America, Inc., Case 4:22-cv-05176-KAW, filed recently in the Northern District of California, alleges that Samsung’s unnecessary personal information collection,...more

Latham & Watkins LLP

EuGH gibt Rückenwind für Datenschutz-Sammelklagen

Latham & Watkins LLP on

Der EuGH hat Ende April die Klagebefugnisse von Verbraucherschutzverbänden gestärkt, weitere richtungsweisende Entscheidungen stehen bevor.  Seit dem Inkrafttreten der europäischen Datenschutz-Grundverordnung (DSGVO)...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - August 2021 #3

Robinson & Cole LLP on

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

Robinson+Cole Data Privacy + Security Insider

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

Mitratech Holdings, Inc

10 Privacy Predictions for 2020

In the last two years, businesses have been catapulted into a dizzying new world, with privacy expectations and requirements that were unheard of just two years ago. ...more

Seyfarth Shaw LLP

“Untagging” From Photo Privacy Lawsuit: Facebook Settles Its Illinois Biometric Information Privacy Litigation For $550 Million

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Seyfarth Synopsis: On January 29, 2020, Facebook announced that it had reached a settlement with plaintiffs in a class action brought under the Illinois Biometric Information Privacy Act (the “BIPA”) in the U.S. District...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert l January 2020

States Consider Privacy and Data Security Legislation - It’s that time of year again, when we see a flood of legislative activity at the state level on privacy and data security laws. A couple of recent examples are below....more

Pierce Atwood LLP

The District of Massachusetts Orders that Comcast Subscribers Must Individually Arbitrate Privacy Class Action Claims

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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

Orrick, Herrington & Sutcliffe LLP

California Governor Signs CCPA and Breach Notification Statute Amendments into Law

With the January 1, 2020 effective date of the California Consumer Privacy Act (the “CCPA”) rapidly approaching, all eyes have been on the California legislature’s consideration of a robust suite of amendments that would...more

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