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Motion to Dismiss › Privacy Concerns

Troutman Pepper

Third Circuit Finds That No Real Risk of Harm Means No Article III Standing

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The U.S. Court of Appeals for the Third Circuit recently held, for the first time, that a mere procedural violation of a statute does not present the material risk of harm that a plaintiff must allege to establish Article III...more

Carlton Fields

Eighth Circuit Privacy Class Action Fails to Clear Second Hurdle

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In Carlsen v. GameStop Inc., plaintiff ­– a paid subscriber to defendant’s online gaming magazine – brought a putative class action lawsuit against defendant for alleged breach of its privacy policy by disclosing plaintiff’s...more

Nossaman LLP

Consumer VPPA Class Action Against CNN Dismissed

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The Northern District of Georgia recently granted CNN’s motion to dismiss a consumer class action that alleged CNN committed a violation of the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710. Perry v. Cable News...more

Robinson+Cole Data Privacy + Security Insider

Shutterfly biometrics case proceeds in Illinois

Robinson+Cole Data Privacy + Security Insider on

In what is being described as the first case in the U.S. regarding a state biometric privacy statute, a proposed class was successful in thwarting a motion to dismiss by Shutterfly last week over its alleged practice of...more

Ballard Spahr LLP

Envelope’s Display of Barcode With Embedded Account Number Violates FDCPA, Federal Court Rules

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A federal court in Pennsylvania has ruled that a debt collector violated the Fair Debt Collection Practices Act (FDCPA) by sending a collection letter in an envelope that allegedly revealed a barcode in which the plaintiff’s...more

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