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Data Privacy Consumer Privacy Rights Standing

Faegre Drinker Biddle & Reath LLP

Courts Reject Theoretical Privacy Violations Due to Lack of Standing

Courts across the country are becoming skeptical of data breach and web tracking claims that assert theoretical privacy violations without alleging any actual injury to the plaintiffs. Recent decisions underscore that courts...more

BakerHostetler

Courts Are Still Willing To Dismiss Data Breach Lawsuits for Lack of Standing

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In data breach litigation, courts generally find plaintiffs have standing such that their complaints may proceed past the pleading stage when it is alleged that sensitive information was impacted and there is an allegation of...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

Mayer Brown

Collecting IP Addresses? “Not An Invasion of Privacy,” Says New York Federal Court in CIPA Pen-Register Action

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On February 18, 2025, US District Judge Edgardo Ramos of the United States District Court of the Southern District of New York granted the defendant’s motion to dismiss against a plaintiff bringing claims under California...more

K&L Gates LLP

No Harm, No Foul–CIPA Claims Dismissed for Lack of Standing

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The deluge of lawsuits and demand letters under the California Invasion of Privacy Act (CIPA) has prompted courts to scrutinize CIPA claims more rigorously, including the threshold question of whether CIPA plaintiffs have...more

Clark Hill PLC

Illinois Supreme Court Affirms Dismissal of Data Breach Class Action for Lack of Standing

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On Jan. 24, the Illinois Supreme Court, in Petta v. Christie Business Holdings Company, PC, affirmed the dismissal of a putative class action following an alleged data breach because the named plaintiff failed to allege any...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

Constangy, Brooks, Smith & Prophete, LLP

Litigation under New Jersey’s “Daniel’s Law”

The New Jersey privacy statute – “Daniel’s Law” – has been in full effect for only a little more than a year now, but New Jersey courts have already been inundated with a wave of lawsuits. In February 2024 alone, more than...more

Epiq

More Businesses Using Biometric Data Means More Regulation

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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

Troutman Pepper Locke

More Privacy, Please - March 2021

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Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to...more

Jones Day

In Privacy Litigation Over Magazine Subscription, Residency Is a Nonissue - A recent court decision signifies that compliance with...

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On January 16, 2020, a federal judge held that Michigan's Personal Privacy Protection Act applies to nonresidents who are located outside the state. The decision, Lin v. Crain Communications, No. 19-11889 (E.D. Mich. January...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

Carlton Fields

How Broad Is the Scope of the CCPA's Standing Provision Under Section 1798.150(a)(1)?

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Once the California Consumer Privacy Act (CCPA) takes effect on January 1, 2020, the California courts will be inundated with a litany of interpretive questions. One that will no doubt surface concerns the proper...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Client Alert | January 2019

Going Deep on the California Consumer Privacy Act - The California Consumer Privacy Act (CCPA) has been called the beginning of America’s GDPR. As the most comprehensive privacy law in the United States, entities doing...more

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