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The Western District of Pennsylvania recently granted Spirit Airlines, Inc. (“Spirit Airlines”)’s Rule 12(b)(1) motion to dismiss a class action brought by a putative class of plaintiffs who visited Spirit Airlines’ website...more
An Internet privacy watchdog organization filed a lawsuit recently in the United States District Court for the District of Columbia against the United States Postal Service. In Electronic Privacy Information Center (“EPIC”)...more
In McFarlane v. Altice USA, Inc., a recent decision out of the Southern District of New York, a class of plaintiffs successfully established standing and stated a plausible claim for breach of implied contract based on a data...more
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
In what some are calling a “bombshell” decision, the 7th Circuit Court of Appeals recently held in Bryant v. Compass Group USA, Inc. that federal courts can now hear cases involving alleged violations of the Illinois...more
On May 5, 2020, the Seventh Circuit held in Bryant v. Compass Group USA, Inc. that a plaintiff who asserted a violation of the Illinois Biometric Information Privacy Act’s (“BIPA’s”) notice and consent requirements had...more
Seyfarth Synopsis: Plaintiffs’ lawyers reached a landmark $550 million settlement in January 2020 in a lawsuit against Facebook by consumers in a class action brought under the Illinois Biometric Information Privacy Act (the...more
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
The rapid adoption of biometric technology—designed to measure unique human biological characteristics, like fingerprints, voiceprints, and hand or face scans—has led to a surge of consumer class actions alleging violations...more
The Ninth Circuit has issued its much-anticipated decision in a class action against Facebook involving alleged biometric privacy violations, affirming certification of a class. In Patel v. Facebook, the Northern District of...more
Recently, the Ninth Circuit Court of Appeals held that an Illinois class of Facebook users can pursue a class action lawsuit arising out of Facebook’s use of facial scanning technology....more
In an important opinion, the Ninth Circuit affirmed a lower court’s ruling that plaintiffs in the ongoing Facebook biometric privacy class action have alleged a concrete injury-in-fact to confer Article III standing and that...more
In this month's edition of our Privacy & Cybersecurity Update, we examine New York's new laws expanding consumer protection for data breaches, the D.C. Circuit's two rulings deepening the split regarding standing in data...more
Hotel Chain Pays $12 Million to Resolve Privacy Violations - Motel 6 settled claims with the Washington State Attorney General for $12 million to resolve charges that Motel 6 violated the Consumer Protection Act and the...more
In its first ever ruling concerning the state’s Biometric Information Privacy Act (“BIPA”), Illinois Supreme Court held that a person need not have sustained actual damage beyond technical violations of BIPA in order to...more
In a unanimous decision, the Illinois Supreme Court found that a Six Flags pass holder had a valid claim as an “aggrieved person” under the Illinois Biometric Privacy Act of 2008 (“BIPA”), hence having the right to bring an...more
A recent decision from the Supreme Court of Illinois heightens the risks faced by companies collecting biometric information by holding that an individual who is the subject of a violation of Illinois’ Biometric Information...more
As the number and scale of cases involving the theft or loss of personal information grows, so does the number of plaintiffs filing suit as a result. One of the most difficult hurdles for these plaintiffs to clear is the...more
The Illinois’ Biometric Information Privacy Act (740 ILCS 14/1 et seq.) (BIPA) requires that companies obtain written consent and disclose how they collect, retain, disclose and destroy biometric identifiers such as retina or...more
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
On January 25, 2019, the Illinois State Supreme Court ruled that the state’s Biometric Information Privacy Act (BIPA) only requires individuals to show violation of the law to bring suit. Businesses with a presence in...more
In a much-anticipated ruling, the Illinois Supreme Court recently held that allegations of actual injury are not required to seek damages under Illinois’ Biometric Information Privacy Act (BIPA or the Act). The case is...more
The Illinois Supreme Court recently handed down its much-anticipated decision in Rosenbach v. Six Flags Entertainment Corporation et al., clarifying what makes someone “aggrieved” and able to bring a claim under the Illinois...more
On January 25, 2019, the Illinois Supreme Court handed down a key ruling that will make it significantly easier for consumers and workers to sue and recover damages for mere non-compliance with the requirements of the state’s...more
Last Friday, the Illinois Supreme Court ruled in the long-awaited Rosenbach case that an individual does not have to plead an actual injury or harm, apart from the statutory violation itself, in order to have statutory...more