A recent order in Shah v. MyFitnessPal, Inc. suggests that some courts may be looking at CCPA to understand California consumers’ privacy expectations. The case arises from the increasingly common allegations focused on...more
A recent Illinois federal court decision shows that when AI listens in on calls, legal questions follow. The putative class action case is Megan Lisota v. Heartland Dental, LLC, et al. It was brought against two entities:...more
Key point: In this post: (1) “Broken banner” claims proceed past pleading stage; (2) Courts continue to reject arguments that pen registers are limited to telephones but hope remains; (3) Offering movie trailers on websites...more
The recent decision in Wiley v. Universal Music Group highlights how courts are scrutinizing website operators’ privacy controls and representations, particularly regarding cookie banners and opt-out tools. 2025 WL 3654085...more
If you and your spouse are in the process of divorcing, one of the first things you should do is protect your privacy. Due to features like iCloud, your spouse may have access to your messages, photos, videos, and other...more
Maine, like most states, recognizes four fundamental common-law privacy torts: intrusion, appropriation, false light, and public disclosure. This article summarizes the tort of intrusion, sometimes called intrusion upon the...more
Takeaway: We have written a number of articles dealing with “data interception class actions” alleging claims based on the use of session replay software and other data collection practices by website operators. See, e.g.,...more
The Ninth Circuit recently issued two back-to-back memoranda of dispositions addressing claims under the California Invasion of Privacy Act (“CIPA”) Section 631 and the common law tort of intrusion upon seclusion. First, on...more
On June 6, 2025, the United States District Court for the Northern District of California dismissed a number of claims being brought against Google related to its alleged improper collection of health-related data though...more
The past year has introduced some uncertainty for institutional defendants facing privacy breach class actions in Canada. While Ontario’s Court of Appeal has been consistent in its approach to class actions against “database...more
In Kirkman v. Blitt and Gaines, P.C., the plaintiff sued the defendant in the Northern District of Illinois alleging violations of the Federal Debt Collection Practices Act (FDCPA) for sending her a letter by regular mail...more
In this episode of Consumer Finance Compass, Balch’s Jason Tompkins, partner in Balch & Bingham’s Consumer Finance Compliance & Defense Practice, explores the Seventh Circuit’s new decision ruling that the disclosure of...more
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
In a trilogy of rulings released on November 25, 2022, the Ontario Court of Appeal (“Court”) has ruled that the tort of intrusion upon seclusion cannot extend to companies that collect and store personal information and fall...more
The Ontario Court of Appeal recently ruled that an organization that fails to take adequate steps to safeguard personal information in its possession cannot be held liable under the tort of intrusion upon seclusion when that...more
In Stewart v. Demme, the Ontario Divisional Court (the “Court”) overturned the certification of an intrusion upon seclusion claim in a data breach class action against a hospital, where a nurse used patient health records to...more
Computer technology in the workplace is, in many ways, a double-edged sword. It allows for increased efficiency, instant communication, worldwide collaboration, vast data storage, and information security. These real,...more
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
Yenovkian v. Gulian, 2019 ONSC 7279 is a recent family law decision that is significant beyond the family law context, including in the employment law context. In this decision, Justice Kristjanson of the Ontario Superior...more
William Shatner made headlines in November when he took to Twitter to express his displeasure that his name and likeness were used without his permission to promote a condo development in Hamilton, Ontario. The development in...more
A class action was filed in Fort Lauderdale, Florida this week against a national telehealth provider, MDLive Inc. (MDLive) for its mobile app’s alleged secret capture of screenshots containing sensitive patient information...more
Several major app developers, including Twitter, Facebook, Instagram, and Yelp, settled a putative class action pending in California federal court last week. The app companies have agreed to pay a consolidated $5.3 million...more
The Sedona Conference has just published the public comment version of its Data Privact Primer, a publication of its very active Working Group on Data Security and Privacy Libaility. The primer is excellent. ...more
On Sept. 22, my colleague Sharon Roberg Perez wrote about the WeConnect App that has Standard Innovation Corp facing class action claims related to wire-tapping, prohibited eaves-dropping, intrusion upon seclusion, and...more
In Doe 464533 v. X (Doe 464533), the Ontario Superior Court of Justice (Court) found civil liability for the online publication of an intimate video by an ex-boyfriend. The case is significant because it signals the...more