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Data Collection Class Action Consent

Amundsen Davis LLC

What a Tracking Technology Class Action Lawsuit Can Teach Financial Institutions

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Financial institutions that use code-based tracking technologies may soon find themselves facing increased scrutiny and legal exposure as the next wave of class action litigation begins. On December 19, 2024, a member of...more

Klein Moynihan Turco LLP

The TikTok Trap and Trace Train Keeps Chugging Along

In an earlier piece, we discussed the increase in recently-filed California Invasion of Privacy Act (“CIPA”) TikTok trap and trace device lawsuits. Generally, TikTok trap and trace actions allege that the use of TikTok...more

Benesch

Ubisoft Win Offers Defense Blueprint for VPPA Consent Challenges

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A recent decision from the Northern District of California may signal an important shift in the trend of how courts interpret “consent” under the Video Privacy Protection Act (VPPA). In Lakes v. Ubisoft, Inc., No....more

Jackson Lewis P.C.

District Court Upholds Browsewrap Agreements in Pennsylvania Wiretap Class Action

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Online retailer Harriet Carter Gifts recently obtained summary judgment from the district court in a class action under Pennsylvania wiretap law. At the heart of this case is the interpretation and application of the...more

Eversheds Sutherland (US) LLP

Proposed CIPA amendment may stem the tide of CIPA class actions

In a prior alert, we predicted an uptick in class action complaints brought under the California Invasion of Privacy Act (CIPA) alleging that modern website analytical tools such as pixels, cookies and session replay software...more

Robinson+Cole Data Privacy + Security Insider

The VPPA: An Old Law with New Streams

Enacted in 1988, the Video Privacy Protection Act (VPPA) was intended to regulate the then-booming videotape industry by limiting how video rental and sales data is disclosed. The law was enacted in direct response to the...more

Benesch

Tracking Technology Trouble: Shah v. Capital One Deepens Legal Risk Under CCPA and CIPA

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In Shah v. Capital One Financial Corporation, the Northern District of California handed down a ruling that may shape the trajectory of litigation involving tracking technologies, online privacy policies, and California’s...more

Baker Donelson

Recent Wiretapping Class Action Dismissal Offers Compliance Lessons

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In late March, an online retailer successfully asserted consent as a complete defense to a putative Pennsylvania Wiretapping and Electronic Surveillance Control Act of 1978 (WESCA) class action lawsuit, resulting in the...more

Robinson+Cole Data Privacy + Security Insider

EdTech and Privacy of Student Information: A Case Study

On March 27, 2025, a class action lawsuit was filed against the education technology (EdTech) company Instructure, the parent company of Canvas, a popular learning management system. The complaint alleges that Instructure...more

Constangy, Brooks, Smith & Prophete, LLP

CIPA Lawsuits: New York court comes to defense of website operators

The California Invasion of Privacy Act continues to be a focal point for privacy litigation, particularly concerning website tracking practices. A recent case, Gabrielli v. Insider Inc. sheds new light on whether collecting...more

Sunstein LLP

Web Trackers May Violate Privacy Statutes That Predate the Internet

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Three recent federal court cases consider whether the use of third party trackers embedded in websites can be the basis of class action lawsuits alleging violations of statutes enacted before the internet existed. These...more

Benesch

Scientific American Unable to Kick VPPA Class Action

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In a notable development for corporate defendants grappling with consumer privacy litigation, the Southern District of New York has recently issued a decision in Lee v. Springer Nature America, Inc., embracing a broadened...more

Womble Bond Dickinson

First Class Action Filed Under Washington’s MY Health MY Data Act Draws Parallels to Previous SDK Litigation

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On February 10, 2025, the first class action complaint was filed pursuant to Washington’s MY Health MY Data Act (“MHMDA”), Wash. Rev. Code Ann. § 19.373.005 et seq. See Maxwell v. Amazon.com, Inc. et al., Case No. 2:25-cv-261...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

Mintz

Session-Replay Class Action Tossed by the Eighth Circuit

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Over the last several years, litigation (often class actions) premised on the use of technology like session-replay products, web beacons, pixels, and cookies has proliferated. Typical theories include plaintiffs claiming...more

WilmerHale

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

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The first class action complaint was filed under Washington’s My Health My Data Act (“MHMDA”) on February 10, 2025, more than a year after the law’s passage. When the law passed in April 2023, MHMDA was novel for its broad...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: January 2025

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Welcome to the twentieth installment in our monthly data privacy litigation report. We prepare these reports to provide updates on how courts in the United States have handled emerging data privacy trends. After our expansive...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

Jackson Lewis P.C.

Class Certification Granted – California Website Tracking Lawsuit Reminds Businesses about Notice Risks

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A California federal district court recently granted class certification in a lawsuit against a financial services company. The case involves allegations that the company’s website used third-party technology to track users’...more

Arnall Golden Gregory LLP

California Invasion of Privacy Act Lawsuits: An Update

Over the past year, lawsuits under the California Invasion of Privacy Act (“CIPA”) have gained significant momentum, and there’s no sign of them slowing down. Both state and federal courts in California are seeing a rise in...more

WilmerHale

Year In Review: 2023 BIPA Litigation Takeaways

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This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more

Dorsey & Whitney LLP

Tracking Online User Activity: HIPAA and Other Legal Risks

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The use of tracking technologies on websites and mobile applications (e.g., cookies) has become largely ubiquitous in our technology-driven world. Health care providers and organizations, for example, may use tracking...more

Laner Muchin, Ltd.

Illinois Supreme Court Rules a Five-Year Statute of Limitations Applies to BIPA Claims

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On February 2, 2023, the Illinois Supreme Court issued a long awaited ruling on Jorome Tims et al. v. Black Horse Carriers, Inc., No. 127801, a class action lawsuit alleging violation of the Illinois Biometric Information...more

Eversheds Sutherland (US) LLP

Privacy litigation trend: Session replay software targeted under state anti-wiretapping statutes

Recently, US companies are experiencing a surging wave of consumer class action lawsuits alleging businesses and their software providers are violating state anti-wiretapping statutes and invading consumers’ privacy rights...more

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

First Jury Verdict Issued in Illinois Biometric Privacy Act Class Action

​​​​​​​On October 12, 2022, a federal jury in the U.S. District Court for the Northern District of Illinois concluded that a company violated the Illinois Biometric Information Privacy Act (Privacy Act or BIPA) 45,600 times...more

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