News & Analysis as of

Data Privacy VPPA

Husch Blackwell LLP

U.S. Privacy Litigation Update: August 2024

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Keypoint: California district courts continue to split over whether “knowledge” is required to plead liability under Section 631(a)’s fourth prong while two decisions show courts taking different approaches to VPPA claims at...more

Constangy, Brooks, Smith & Prophete, LLP

Data collection on corporate websites is a litigation risk

Businesses continue to be subjected to a steady stream of consumer class action lawsuits alleging improper collection or disclosure of information from their websites. A variety of laws and legal claims are used to support...more

Baker Botts L.L.P.

Lawline Sued under the VPPA

Baker Botts L.L.P. on

On August 23, 2024, a proposed class action lawsuit was filed by Kamilah Jolly, against FurtherEd, Inc., doing business as Lawline, which centers on allegations that Lawline violated the Video Privacy Protection Act (VPPA)....more

Husch Blackwell LLP

U.S. Privacy Litigation Update: July 2024

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Keypoint: Courts have started to issue Pixel-based wiretapping decisions, the Seventh Circuit weighs in on when a manufacturer can be forced to pay arbitration fees, and three courts showed different approaches to dismissing...more

Baker Botts L.L.P.

Patreon Settles VPPA Lawsuit for $7.2 Million: A Cautionary Tale for Digital Platforms

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Patreon, a popular platform connecting creators with their fans, has recently agreed to a $7.2 million settlement to end a legal battle concerning the Video Privacy Protection Act (VPPA)....more

Pierce Atwood LLP

2024 Second Quarter Class Action Update: Trends in First Circuit Class Actions

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We are pleased to present our second quarter 2024 update to the New England and First Circuit Class Action Tracker, which focuses on class action filings in state and federal courts within the boundaries of the First Circuit...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: June 2024

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Keypoint: Courts reject personal jurisdiction arguments and suggest the Shopify decision will be overturned; Courts continue to show differing approaches to VPPA claims at the pleading stage with a large VPPA class action...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2024

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Keypoint: The Central District of California issued several wiretapping decisions in May while two decisions on the VPPA illustrate how claims fail or succeed at the pleading stage. Welcome to the fourteenth installment in...more

Paul Hastings LLP

Paul Hastings Hosts Panel on Litigation Trends and Risk Management

Paul Hastings LLP on

On May 9, 2024, Paul Hastings participated in a panel on litigation trends and risk management at this spring’s Privacy+Security Forum. Panelists included Carter Simpson (Partner, Paul Hastings) and Matt Gardner (Senior...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: April 2024

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Keypoint: The Central District of California issues a major victory for website owners facing CIPA-arbitration demands, two decisions address whether a plaintiff consented as a defense to wiretapping claims, three courts in...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: February 2024

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Keypoint: Courts continue to issue conflicting decisions in wiretapping cases while one court has expanded who may be considered a “video tape service provider” under the VPPA. Welcome to the eleventh installment in our...more

BakerHostetler

Cookies, Pixels, Tags, Scripts, SDKs: What Are They Really, and What’s All the Fuss About?

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If you are participating in the digital advertising ecosystem, you likely are hearing a lot about pixels, tags, scripts and SDKs lately. But the terminology can be confusing, and terms are not always used consistently, making...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: January 2024

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Keypoint: Courts resolved six motions to dismiss wiretapping claims based on session replay technology in January, while two VPPA decisions highlight balance struck by courts. A new privacy litigation theory based on “pen...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: December 2023

Husch Blackwell LLP on

Welcome to the ninth installment in our monthly data privacy litigation report, which we are releasing just after the New Year. We prepare these reports to provide updates on how courts in the United States have handled...more

Dorsey & Whitney LLP

Privacy Litigation Trends - Back to the Future

Dorsey & Whitney LLP on

Plaintiffs look to the past to take action against modern web tracking - As states rapidly enact new consumer privacy legislation, businesses have been working tirelessly to comply with extensive new data protection...more

Coblentz Patch Duffy & Bass

Plaintiffs Continue Website Privacy Lawsuits Using 35-Year-Old Statute

In 1988, Congress enacted the Video Protection Privacy Act (“VPPA”) in response to the confirmation hearing of Judge Robert Bork, where his video rental history was disclosed during his Supreme Court confirmation hearing....more

Husch Blackwell LLP

U.S. Privacy Litigation Update: September 2023

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Keypoint: The past two months have seen many courts dismiss privacy claims as judges appear to be more critical of plaintiffs’ theories while other judges have allowed cases to proceed past the motion to dismiss stage....more

Proskauer - Minding Your Business

The Return of the Video Privacy Protection Act (VPPA)

This year has seen a tremendous spike in the number of cases alleging violations of the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710, a statute enacted in 1988 in response to the Washington City Paper’s publication...more

BakerHostetler

DSIR Deeper Dive: Plaintiffs’ Attorneys Are Trying to Assert a New Cause of Action Against Universities Based on an Old Law...

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As set forth in BakerHostetler’s 2023 Data Security Incident Report, privacy litigation is on the rise. Indeed, 2023 saw a nearly 100 percent increase from 2022 in the number of lawsuits filed in connection with data security...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: June 2023

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Keypoint: June 2023 maintained a trend of mostly favorable outcomes for defendants as courts continue to grant motions to dismiss in session replay and VPPA cases. This is the fifth installment in our monthly data privacy...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2023

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This is the fourth installment in our monthly data privacy litigation reports to provide updates on how courts in the United States have handled emerging data privacy tends in the past month. In this post we look at...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: March 2023

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Keypoint: In March 2023, more California courts tackled motions to dismiss claims that chat features violate wiretapping laws while Georgia and Minnesota courts weighed in on VPPA claims....more

ArentFox Schiff

February Privacy Report: FTC Expands Its Use of “Unfairness” Authority in GoodRx Matter

ArentFox Schiff on

GoodRx Faces Million Dollar Proposed Penalty from FTC in First Enforcement Action Under the Health Breach Notification Rule - Settlement reveals views on application of unfairness authority to sharing of sensitive...more

Husch Blackwell LLP

Privacy Litigation Update: Plaintiffs Assert VPPA Claims Against Fast-Food Restaurant

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Keypoint: Plaintiffs’ attorneys continue to expand lawsuits relating to website tracking technologies. Chick-fil-A once again found itself in the spotlight last week when it was named as a defendant in a lawsuit filed in...more

Lathrop GPM

2022 Legal Guide to Privacy and Data Security

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Facial recognition technology, drones the size of a butterfly, secure microchips replacing magnetic stripes on credit cards, sensors the size of a grain of sand swallowed by patients that transmit data directly to the...more

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