News & Analysis as of

Data Collection Putative Class Actions

Perkins Coie

“Biometric Identifiers Must Identify”: The Ninth Circuit Clarifies the Scope of BIPA

Perkins Coie on

The U.S. Court of Appeals for the Ninth Circuit issued an opinion in Zellmer v. Meta Platforms, Inc., on June 17, 2024, affirming dismissal of a putative class action filed under the Illinois Biometric Information Privacy...more

Array

This Week in eDiscovery: Legal Departments Drowning in Discovery Requests; Proportionality in Metadata Log Production

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of May 6-12. Here’s what’s...more

Verrill

RxDC Reporting in Light of June 1, 2024 Deadline and Recent PBM Litigation

Verrill on

Under the Consolidated Appropriations Act of 2021 (“CAA”), employer-sponsored group health plans, including medical-only plans, must submit information about their prescription drugs and health care spending. This submission...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: Recent Developments That Could Impact How Companies Offer AI-Based Customer Service Chatbots

Two recent developments highlight the challenges companies may face as they explore ways to incorporate AI-based chatbots into their customer service offerings: - A putative class action filed in California federal...more

Benesch

Google Faces Eight-Figure Settlements Following Data Privacy Claims

Benesch on

Google has agreed to pay a whopping $155M to resolve a government investigation and a class action lawsuit stemming from its use of location data, including claims that it stored and collected consumers’ location-related...more

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

Illinois Federal Judge Finds Another Eyewear Virtual Try-on Class Action Is Exempt Under BIPA’s Healthcare Exemption

A federal judge in Illinois recently ruled that online shoppers cannot sustain claims that a virtual try-on (VTO) tool that allegedly scans facial geometry to preview the look of sunglasses on their face violates the...more

Eversheds Sutherland (US) LLP

Plaintiffs’ attorneys discover a new tool in New York City biometrics law

Plaintiffs have filed two putative class action complaints in 2023, alleging violations of New York City’s relatively new biometric information privacy law, signaling a new potential avenue for class action plaintiffs’ lawyer...more

Polsinelli

What’s up with Illinois’ BIPA

Polsinelli on

The Illinois Biometric Information Privacy Act, 740 ILCS 14/1 through 14/99, was enacted in 2008 to manage the promise of biometric technology for Illinois residents. BIPA seeks to encourage the development and use of...more

Carlton Fields

Seventh Circuit Affirms District Court Decision Refusing To Refer Putative Class Action Under the Illinois Biometric Information...

Carlton Fields on

In Joshua Johnson v. Mitek Systems, Inc., the Seventh Circuit affirmed a district court order denying defendant Mitek Systems, Inc.’s motion to compel arbitration of the plaintiff’s claims brought under the Illinois Biometric...more

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

DashCam Developer Insulated From BIPA Liability

On November 3, 2022, an Illinois circuit court judge dismissed a Biometric Information Privacy Act (Privacy Act or BIPA) putative class action against Samsara, Inc., a DashCam developer. DashCam is a safety technology for...more

Dechert LLP

Dechert Cyber Bits - Issue 21

Dechert LLP on

US Federal Appellate Court Issues Opinion on Proof of Injury in Data Breach Cases - On September 2, 2022, the U.S. Court of Appeals for the Third Circuit reinstated a class action lawsuit that had previously been dismissed...more

Kennedys

What one court giveth, a brother court taketh away: Thermoflex and 3 policy exclusions in the context of BIPA

Kennedys on

In Citizens Ins. Co. of Amer. v. Thermoflex Waukegan, LLC no. 20-05980 (N.D. Ill. Mar. 1, 2022), the United States District Court for the Northern District of Illinois rejected the application of three separate general...more

Foley & Lardner LLP

A New Era of McGill Arbitration in California—Hodges v. Comcast

Foley & Lardner LLP on

Recent decisions out of the Northern District of California and Ninth Circuit may reflect a new era of McGill jurisprudence. In McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017), the California Supreme Court held on public...more

Bradley Arant Boult Cummings LLP

Don’t Run Prints: Illinois’s Biometric Privacy Law Used Against Employers

Does your company use fingerprinting or some facial recognition scanner as part of its clock-in, clock-out process? If your company has facilities or even some contacts with Illinois (and maybe other states in the future) you...more

Robinson+Cole Data Privacy + Security Insider

Ancestry.com Sued in Class Action for Using Data from Yearbooks

Ancestry.com (Ancestry) was sued on November 30, 2020, in a putative class action case filed in the Northern District of California for “knowingly misappropriating the photographs, likenesses, names, and identities of...more

Proskauer - New Media & Technology

Financial Data Aggregator Faces Consumer Privacy Suit over “Surreptitious” Collection of Banking Information

Last week, a putative privacy-related class action was filed in California district court against financial analytics firm Envestnet, Inc. (“Envestnet”), which operates Yodlee, Inc. (“Yodlee”). (Wesch v. Yodlee Inc., No....more

Orrick, Herrington & Sutcliffe LLP

Seventh Circuit Bolsters Article III Standing for Actions Under the Illinois Biometric Information Privacy Act

On May 5, 2020, the Seventh Circuit held in Bryant v. Compass Group USA, Inc. that a plaintiff who asserted a violation of the Illinois Biometric Information Privacy Act’s (“BIPA’s”) notice and consent requirements had...more

Perkins Coie

New Biometrics Lawsuits Signal Potential Legal Risks in AI

Perkins Coie on

In the last week, a new type of BIPA case has emerged that should be of interest to companies involved in using, improving, and developing facial recognition and other artificial intelligence (AI) using photos. Companies that...more

Alston & Bird

Class Action & MDL Roundup: Winter 2019

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! This year has begun with cases all over the map, from California to Florida to Massachusetts. The West Coast features overbearing manufacturers, allegedly underpaid lenders,...more

Carlton Fields

Financial Services Update: Week Ending January 11, 2019

Carlton Fields on

Financial Services Update - FCRA / Standing: concluding that plaintiffs had Article III standing in putative class action where they alleged that defendant violated the FCRA by "compiling their personal, private, and...more

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

Illinois Supreme Court Opens Floodgates for Biometric Lawsuits: Will the Business Community Lobby for Change?

The Illinois Supreme Court issued its long-awaited ruling in Rosenbach and reversed the appellate court’s decision that technical violations of the Illinois Biometric Information Privacy Act (“BIPA” or “Act”) without “some...more

Fenwick & West LLP

Five Steps to Help Reduce Risk of Using Biometrics Following Illinois Supreme Court BIPA Ruling

Fenwick & West LLP on

In a highly anticipated ruling, the Illinois Supreme Court on January 25, 2019, held that plaintiffs who violated the Illinois Biometric Information Privacy Act — which regulates the collection of biometric information such...more

Akin Gump Strauss Hauer & Feld LLP

Rosenbach v. Six Flags - Illinois Supreme Court Takes Expansive View of Statutory Standing Under the Biometric Information Privacy...

• On January 25, 2019, the Illinois Supreme Court issued a decision interpreting the Biometric Information Privacy Act (BIPA) in the Rosenbach v. Six Flags Entertainment Corp. appeal. The court ruled that a plaintiff does not...more

Carlton Fields

If At First You Don’t Succeed, Try Another CAFA Exception

Carlton Fields on

A Ninth Circuit Court of Appeals Panel recently affirmed a district court order remanding a putative class action to state court after the defendants’ initial removal under CAFA. ...more

Carlton Fields

Defense Victories in Genetic and Biometric Privacy Class Actions

Carlton Fields on

In what may be a glimpse into the next frontier in class action litigation, two federal courts recently disposed of putative class actions alleging violations of state privacy laws involving genetic and biometric data....more

40 Results
 / 
View per page
Page: of 2

"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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide