Keypoint: California district courts continue to split over whether “knowledge” is required to plead liability under Section 631(a)’s fourth prong while two decisions show courts taking different approaches to VPPA claims at...more
Businesses continue to be subjected to a steady stream of consumer class action lawsuits alleging improper collection or disclosure of information from their websites. A variety of laws and legal claims are used to support...more
Repurposing old laws to challenge new technologies has become the new normal in the privacy space. Plaintiffs continue to bring a kaleidoscope of privacy claims against companies in the tech age, reviving laws like the...more
The plaintiffs’ bar has added a new tool to its arsenal to target cookies, pixels, and similar online tracking tools and the businesses that use them: the California Song-Beverly Credit Card Act of 1971 (“Act”). This...more
On August 23, 2024, a proposed class action lawsuit was filed by Kamilah Jolly, against FurtherEd, Inc., doing business as Lawline, which centers on allegations that Lawline violated the Video Privacy Protection Act (VPPA)....more
Keypoint: Courts have started to issue Pixel-based wiretapping decisions, the Seventh Circuit weighs in on when a manufacturer can be forced to pay arbitration fees, and three courts showed different approaches to dismissing...more
Patreon, a popular platform connecting creators with their fans, has recently agreed to a $7.2 million settlement to end a legal battle concerning the Video Privacy Protection Act (VPPA)....more
We are pleased to present our second quarter 2024 update to the New England and First Circuit Class Action Tracker, which focuses on class action filings in state and federal courts within the boundaries of the First Circuit...more
Keypoint: Courts reject personal jurisdiction arguments and suggest the Shopify decision will be overturned; Courts continue to show differing approaches to VPPA claims at the pleading stage with a large VPPA class action...more
A recent trend in litigation has emerged that is causing companies to re-think conventional wisdom. Until now, it has been a widely adopted best practice for retailers and other consumer-facing companies to include mandatory...more
Keypoint: The Central District of California issued several wiretapping decisions in May while two decisions on the VPPA illustrate how claims fail or succeed at the pleading stage. Welcome to the fourteenth installment in...more
The California Song-Beverly Credit Card Act (the “Act”) – an act intended to protect the personal privacy of individuals during credit card transactions – may very well become the new trend in California privacy litigation. ...more
On May 9, 2024, Paul Hastings participated in a panel on litigation trends and risk management at this spring’s Privacy+Security Forum. Panelists included Carter Simpson (Partner, Paul Hastings) and Matt Gardner (Senior...more
Keypoint: The Central District of California issues a major victory for website owners facing CIPA-arbitration demands, two decisions address whether a plaintiff consented as a defense to wiretapping claims, three courts in...more
The New England Patriots have found themselves on the receiving end of a purported class action lawsuit alleging a violation of the Video Privacy and Protection Act (“VPPA”). Congress enacted the VPPA in 1988 in response to a...more
Keypoint: Multiple decisions from the same judicial district come down differently on wiretapping claims while three courts in different states each reject VPPA-defendants’ arguments that the plaintiffs lacked Article III...more
Keypoint: Courts continue to issue conflicting decisions in wiretapping cases while one court has expanded who may be considered a “video tape service provider” under the VPPA. Welcome to the eleventh installment in our...more
If you are participating in the digital advertising ecosystem, you likely are hearing a lot about pixels, tags, scripts and SDKs lately. But the terminology can be confusing, and terms are not always used consistently, making...more
Anyone following trends in consumer class action litigation will know that consumer privacy was a primary focus of the plaintiff’s bar in 2023. And there are no signs this uptick in consumer privacy claims is slowing any time...more
Keypoint: Courts resolved six motions to dismiss wiretapping claims based on session replay technology in January, while two VPPA decisions highlight balance struck by courts. A new privacy litigation theory based on “pen...more
Real estate businesses frequently operate multiple websites. These may include corporate websites, websites for each of their properties, and websites for their apps and ancillary service offerings. To maximize the...more
Welcome to the ninth installment in our monthly data privacy litigation report, which we are releasing just after the New Year. We prepare these reports to provide updates on how courts in the United States have handled...more
Plaintiffs look to the past to take action against modern web tracking - As states rapidly enact new consumer privacy legislation, businesses have been working tirelessly to comply with extensive new data protection...more
In 1988, Congress enacted the Video Protection Privacy Act (“VPPA”) in response to the confirmation hearing of Judge Robert Bork, where his video rental history was disclosed during his Supreme Court confirmation hearing....more
Keypoint: The past two months have seen many courts dismiss privacy claims as judges appear to be more critical of plaintiffs’ theories while other judges have allowed cases to proceed past the motion to dismiss stage....more