News & Analysis as of

Personal Data Class Action Private Right of Action

Benesch

Updates on CIPA Reform: CA SB 690 Progresses to the Assembly Without Retroactivity Provision.

Benesch on

A national leader in privacy law, California was among the first states to include an express right to privacy in its constitution, create a data breach notification law, and codify robust consumer data protections. ...more

Bradley Arant Boult Cummings LLP

Pet Stairs, Wiretapping, and Cookies: Implications of the Third Circuit’s Popa Opinion

The case of Popa v. Harriet Carter Gifts, Inc. “began with a quest for pet stairs.” Plaintiff Ashley Popa searched Harriet Carter Gifts’ website, added pet stairs to her cart, but never completed the purchase. During her...more

Stradling Yocca Carlson & Rauth

Dismissal Of Marriott Data Breach Lawsuit Shows How Plaintiffs Still Face Standing Hurdles In The Post-CCPA Era

After the California Consumer Privacy Act (CCPA) took effect on January 1, 2020, a surge of class action lawsuits predicated on alleged CCPA violations hit businesses.  Because of the act’s novelty, it was unclear whether...more

Stradling Yocca Carlson & Rauth

Class Action Suits Attempt To Stretch Consumers’ Ability To Sue For CCPA Violations

The CCPA’s Private Right Of Action - The CCPA gives consumers several new “Privacy Rights”—such as the right to know how their personal information is collected, used and shared, the right to request deletion of their...more

BCLP

Biometric and Facial Recognition Lawsuits and Regulation “Face” National Expansion

BCLP on

The federal government is looking to put its finger on the pulse of biometric privacy with the proposed National Biometric Information Privacy Act of 2020 (S. 4400), introduced by United States Senators Bernie Sanders...more

Robinson+Cole Data Privacy + Security Insider

Litigation Case Claims Violation of CCPA Under Statutory Private Right of Action

One of the most significant consumer rights offered by the new California Consumer Privacy Act (CCPA) is what we call the “private right of action” afforded by the law. A private right of action under a law basically means...more

Hogan Lovells

Data class actions in Europe and spotlights in Mexico, Russia and the U.S.

Hogan Lovells on

The General Data Protection Regulation 2016/679 (GDPR) provides means to enforce provisions related to personal data processing by you as a data controller or data processor. It introduces collective actions everywhere in...more

Dorsey & Whitney LLP

Potentially Expanded Private Right of Action Increases Risk of Class Action Exposure Under the California Consumer Privacy Act

Dorsey & Whitney LLP on

Looking Back - the California Consumer Privacy Act, and How We Got Here - As companies were getting up-to-speed on the effects of the European Union’s General Data Protection Regulation (GDPR) last year, California quickly...more

Seyfarth Shaw LLP

Newly Proposed Legislation To Restrict Biometric Privacy Class Actions In Illinois

Seyfarth Shaw LLP on

Seyfarth Synopsis: Although the Illinois Supreme Court’s recent decision in Rosenbach v. Six Flags may have upped the ante for employers facing litigation under the Illinois Biometric Information Privacy Act (“BIPA”)...more

McDermott Will & Emery

Biometric Privacy Update – Actual Harm Not Required

Since the passage of the Illinois Biometric Information Privacy Act (BIPA) in 2008, it has been used by plaintiffs’ attorneys to sue companies that use biometric identification technologies. Many BIPA cases have failed...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - September 2018

In this month's Privacy & Cybersecurity Update, we examine recent trends and court decisions, including a new law in Ohio that provides a safe harbor from tort-based data breach claims if the company adopts certain security...more

BCLP

The Practical Guide to the California Consumer Privacy Act: Part 4

BCLP on

The California Consumer Privacy Act of 2018 (“CCPA”) is arguably the most comprehensive - and complex - data privacy regulation in the United States. The CCPA was designed to emulate the European General Data Protection...more

Jones Day

Appellate Court Limits Who May Sue Under Biometric Information Privacy Act

Jones Day on

As noted in a prior Commentary, plaintiffs continue to bring a flood of lawsuits under Illinois' Biometric Information Privacy Act ("BIPA") against companies that collect, use, or store biometric identifiers. Many of these...more

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