In 2023, we discussed the uptick in data privacy and cybersecurity class action lawsuits; as expected, this trend has persisted throughout 2024 as plaintiffs continue to test new theories of liability and the boundaries of...more
2023 saw a continued uptick in privacy litigation filings throughout the United States, with Plaintiffs counsel taking aim at cookies, session replay, video URLs, online “doxing” and the use of other online tracking...more
What Is the Video Privacy Protection Act (VPPA)? When it was enacted in 1988, the Video Privacy Protection Act (VPPA) was meant to protect consumer data from being shared by video rental companies like Blockbuster. As video...more
This is the eighth installment in our monthly data privacy litigation reports to provide updates on how courts in the United States have handled emerging data privacy trends. In this post, we look at privacy litigation...more
What You Need to Know in a Minute or Less - Plaintiffs are making new use of an old statute, the Video Privacy Protection Act (VPPA), to challenge the use of pixel technology across a variety of websites that provide online...more
Keypoint: In July 2023, plaintiffs have been busy opposing motions to dismiss in chat wiretapping, session replay, and VPPA cases while testing claims against a new technology....more
In this third installment on the enforcement of U.S. consumer data privacy laws, we focus on the role of private litigants. Following our discussions of state and federal government enforcement, this post focuses on the third...more
Since March of this year, at least four purported class action lawsuits have been filed against universities, their affiliated athletic organizations, and the alleged operators of their athletic team websites, Sidearm Sports...more
This presentation will discuss the recent surge in class actions challenging companies’ practices for collecting, sharing, and storing consumer data, including claims arising under the Illinois Biometric Information Privacy...more
Over the past year, website operators have experienced a proliferation of lawsuits under the Federal Video Privacy Protection Act (“VPPA”), a Reagan-era statute prohibiting the nonconsensual disclosure of an individual’s...more
Plaintiffs are becoming increasingly creative in their attempts to seek relief involving alleged privacy violations resulting from their online activity. This includes raising allegations of violations of the Video Privacy...more
Keypoint: April 2023 saw developments in chat, session replay, voice recording, and VPPA litigation along with two new trends to watch in May. This is our second installment in our monthly data privacy litigation reports to...more
It's no secret that plaintiffs' firms have been developing legal theories relating to third-party software technologies used on websites. This includes a recent spike in lawsuits alleging that websites running the Meta...more
The Video Privacy Protection Act (VPPA) was enacted in 1988, and provides that a video tape service provider who knowingly discloses the personally identifiable information concerning any consumer of such provider shall be...more
The proliferation of privacy-related law suits filed against a wide range of companies related to website tracking/analytics will continue in 2023, joining robocall and biometric privacy disputes. Join Kelley Drye Privacy...more
While plaintiffs’ attorneys were initially focused late last year on suing health care entities for using Pixel and other tracking technology to share information about website users with social media platforms such as Meta...more
Nearly 100 class actions have been filed against companies whose websites offer video services to consumers and that use tracking pixels to track consumers’ video viewing activity. The use of tracking pixels is an extremely...more
In May, the U.S. Supreme Court issued its opinion in Spokeo v. Robins, providing guidance on the “injury-in-fact” aspect of the constitutional standing requirement for putative class action plaintiffs. 136 S. Ct. 1540...more
In This Issue: - DOJ Issues Cyber Preparation and Response Guidance - RadioShack’s Plan to Auction Customer Data Highlights Issues Over Treatment of Such Data as an Asset - Google v. Vidal-Hall and...more