JONES DAY PRESENTS®: Insurance Implications of the California Consumer Privacy Act
In Clay v. Union Pacific Railroad Co., the U.S. Court of Appeals for the Seventh Circuit predicted that the Illinois Supreme Court would hold that the legislature’s amendment to the Illinois Biometric Information Privacy...more
The Seventh Circuit recently confirmed that the 2024 amendment to the Illinois Biometric Information Privacy Act (“BIPA”) would apply retroactively, effectively limiting the available statutory damages under the statute....more
In Retailers on Alert: The New Wave of Email Marketing Lawsuits, we discussed a growing wave of lawsuits targeting common email marketing practices under state anti-spam statutes, particularly Washington’s Commercial...more
Washington has seen a surge in putative class action lawsuits alleging violations of Washington’s Commercial Electronic Mail Act (CEMA), RCW 19.190.010, premised on allegedly false or misleading email subject lines....more
Washington’s Commercial Electronic Mail Act (‘CEMA” or the “Statute”) was enacted in 1998. Along with aggressive California ((Business & Professions Code §17529.5) and federal anti-SPAM litigation, the Statute is utilized by...more
A federal appeals court just handed Illinois businesses a significant victory, holding that the 2024 amendment to BIPA capping damages at one recovery per person – not one per scan – must be applied to all cases already...more
Businesses are increasingly turning to chatbots to interface with consumers, job applicants, and employees. And as the gap between human and AI capabilities continues to narrow, there is grave concern about the social and...more
Recently, the Wisconsin Supreme Court (the court) held that under the Wisconsin Consumer Act (WCA), a defendant can avoid a class action for damages by offering an appropriate remedy to the named plaintiff alone, and is not...more
For brands facing a surge of Washington state Commercial Electronic Mail Act (CEMA) litigation over email subject lines, there’s finally a bit of good news in the inbox....more
Hi TCPAWorld! It’s no secret many folks pay a high premium and have a high deductible for their health insurance and such expenses can be costly. Well, an insurance brokerage company may be feeling the pain soon if they are...more
A recent California appellate court ruling increased the risk for companies using cameras to capture and process license plate data. The stakes are high because the law at issue creates a private right of action with...more
Last year, the Washington Supreme Court issued a significant decision in a class action lawsuit accusing Old Navy of sending emails that included false or misleading information about the duration of sales....more
Companies that rely on email marketing are facing increased scrutiny as plaintiffs’ firms file a surge of class action lawsuits alleging violations of California’s Anti-Spam Law, California Business and Professions Code §...more
Washington’s House Bill 1155 bans noncompetition agreements for all workers in the state, effective June 30, 2027. This law not only voids existing and future noncompetition covenants but also imposes new compliance and...more
Washington’s Commercial Electronic Mail Act (“CEMA”) has become the subject of intense litigation activity following the Washington Supreme Court’s April 2025 decision in Brown v. Old Navy. In that case, the Washington...more
Our readers may recall a piece in which we discussed proposed legislation designed to curtail the number of lawsuits filed against companies for alleged violations of Washington’s Commercial Electronic Mail Act (“WA Email...more
CEMA prohibits the sending of deceptive commercial emails and imposes monetary penalties for each violation, even in the absence of demonstrated damages....more
On March 13, the California Court of Appeal for the Sixth Appellate District reversed a lower court’s dismissal of a consumer class action, finding that the trial court erred in granting judgment on the pleadings in favor of...more
District court denies motion to dismiss singer-songwriter’s copyright infringement suit accusing rapper Travis Scott and others of using her demo to create 2023 hit “Telekinesis,” rejecting defendants’ argument that plaintiff...more
If your company uses an AI-powered tool that remembers customer interactions, asks follow-up questions, and sustains personal conversations — even if you licensed it from a third-party vendor — Oregon's new chatbot safety law...more
Key point: (1) Courts grapple with nonstatutory damage claims in “broken banner” cases; (2) Courts dismiss CIPA claims where plaintiffs failed to explain delays; (3) New privacy litigation trend takes off as two courts deny...more
With a private right of action, statutory damages, and ambiguous and undefined terms, businesses deploying consumer-facing interactive AI will want to make sure they are not unintentionally triggering the bill’s provisions. ...more
Recently, the Supreme Court of Ohio decided a case addressing two issues that have important implications for litigants. The first issue involves statutory standing under Ohio law....more
On February 19, the Ohio Supreme Court affirmed in part and reversed in part a lower court ruling in a dispute brought under Ohio’s mortgage-release statute (R.C. 5301.36), holding that the trial court erred in certifying the...more
Hi TCPAWorld! Another lawsuit involving an alleged violation of 47 C.F.R. § 64.1200(c)(1) (the “Quiet Hours Provision”) just got filed in the U.S. Central District of California....more