Archives: Privacy Class Actions

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Congratulations to Casie Collignon for being named one of the “Top Litigators 2021” by Law Week Colorado!

Photo of Theodore J. Kobus IIIBy Theodore J. Kobus III on Posted in Privacy Class Actions, Privacy Litigation
With a practice focused on privacy class-action defense, Casie Collignon’s career takes her to courts across the country, through daily challenges of chess-like proportions and debate in advocacy for her clients. She has had a growing practice throughout the pandemic with multiple wins in 2020 alone, but she still finds time to be a mother, … Continue Reading

The Weekly Privacy Rewind

By John Busch and Aaron Lancaster on Posted in Data Breaches, GDPR, Online Privacy, Privacy Class Actions, State Legislation
Canada Canadian Banks Notify 90,000 Following Breach • Bank of Montreal and Canadian Imperial Bank of Commerce announced that they were contacted by hackers and informed that nearly 90,000 customers’ personal information was accessed. • The banks will notify customers of the breach and indicate they believe they have fixed the vulnerabilities that led to … Continue Reading

The Video Privacy Protection Act: Watching the Courts Through Crossed Eyes

Photo of Carolina AlonsoBy Carolina Alonso, Alan L. Friel and Niloufar Massachi on Posted in Advertising, Behavioral Advertising, Children’s Privacy, Geolocation, Information Governance, Information Security, Marketing, Online Privacy, Privacy Class Actions
The Video Privacy Protection Act (VPPA), passed by Congress in 1988, is intended to prevent a “video tape service provider” from “knowingly” disclosing an individual’s “personally identifiable information” (PII) to third parties where that individual “requested or obtained … video materials,” such as “prerecorded video cassette tapes or similar audio visual materials.” At the time … Continue Reading

Aetna Agrees to Pay $17 Million and Implement Best-Practices Policy to Settle Claims of HIV-related Privacy Violations

By Brian P. Bartish and Laura E. Jehl on Posted in Data Breaches, HIPAA/HITECH, Privacy Class Actions
Last week, Aetna agreed to resolve class action claims of privacy violations related to the disclosure of thousands of members’ HIV status. The agreement will require the insurance giant to pay over $17 million into a settlement fund, the majority of which will be distributed to members of the affected class and to develop and … Continue Reading

Deeper Dive: Clapper Divide Expands In Data Breach Cases

Photo of Sean McIntyreBy Sean McIntyre on Posted in Privacy Class Actions, Privacy Litigation
As reported in our 2017 Data Security Incident Response Report, plaintiffs allege potential future harm as a basis for injury in 80 percent of data breach lawsuits. But are allegations of future harm sufficient to meet Article III’s cases-and-controversies requirement, specifically with regard to the injury-in-fact element of standing? Despite the prevalence of these allegations, … Continue Reading

Substantial Risk of Harm in Data Breach Class Actions Ripe for Supreme Court Review

Photo of Jonathan A. FormanBy Jonathan A. Forman on Posted in Privacy Class Actions
Early in May, the U.S. Court of Appeals for the Second Circuit in Whalen v. Michaels Stores, Inc., No. 16-260 (L) (2d Cir. May 2, 2017), affirmed the dismissal of a data breach class action brought against Michaels Stores Inc. (Michaels) for failing to sufficiently allege an injury to support standing. This decision is significant … Continue Reading

IoT Device Maker Settles Class Claims for $3.75 Million

By David M. Brown on Posted in Big Data, Internet of Things, Mobile Privacy, Privacy Class Actions, Retail Industry
In one of the first Internet of Things (IoT) class action settlements, the maker of a Bluetooth-enabled personal vibrator agreed to settle privacy class claims for $3.75 million. The We-Vibe product allows a user to connect the product to a smartphone. The user can then control the device from the phone via Bluetooth connection. The … Continue Reading

Concrete and Particularized: What the Supreme Court’s Spokeo Ruling May Mean for Privacy Class Actions and Big Data – the First in a Series

By Tanya Forsheit on Posted in Online Privacy, Privacy Class Actions
This morning, the Supreme Court of the United States issued its decision in Robins v. Spokeo, No. 13–1339, 578 U. S. ____ (2016), putting to rest months of speculation as to whether the Court could come to a meaningful decision (that would be anything other than 4-4) in the aftermath of Justice Scalia’s passing in … Continue Reading

5 Big Developments in Privacy Class Actions in 2015, and 3 to Look for in 2016

Photo of Paul KarlsgodtBy Paul Karlsgodt on Posted in Data Breaches, Privacy Class Actions
The burgeoning area of privacy class action litigation showed no signs of slowing down in 2015. Here are some of the most significant developments from the past year, as well as some things to watch for in the coming year. For purposes of this article, we include in the definition of “privacy” class action litigation … Continue Reading

FCC’s New TCPA Order May Require Companies to Obtain Updated Consents for Marketing Calls and Texts

Photo of Melinda L. McLellanBy Tanya Forsheit, Alan L. Friel and Melinda L. McLellan on Posted in Enforcement, Marketing, Mobile Privacy, Privacy Class Actions, Retail Industry
Last week we published an overview of key issues raised by the Federal Communications Commission’s July 10, 2015, Declaratory Ruling and Order regarding the Telephone Consumer Protection Act (the “July 2015 Order”). The July 2015 Order responded to 21 requests for clarification concerning previous rules and orders the FCC has issued pursuant to the TCPA, … Continue Reading

“Don’t Call Us, We’ll Call You.” The FCC’s Latest TCPA Ruling Imposes Even More Restrictions on Telemarketing Calls and Texts

Photo of Melinda L. McLellanBy Tanya Forsheit and Melinda L. McLellan on Posted in Enforcement, Marketing, Mobile Privacy, Privacy Class Actions, Retail Industry
On July 10, 2015, the Federal Communications Commission released the Omnibus Declaratory Ruling and Order (the Order) it adopted on June 18. The Order addresses requests for clarification regarding requirements under the Telephone Consumer Protection Act (TCPA) and previous rules and orders issued by the Commission. The Order, which took effect immediately upon release, is … Continue Reading

Paul Karlsgodt Named 2014 Law360 MVP for Privacy

Photo of BakerHostetlerBy BakerHostetler on Posted in Privacy Class Actions
Second straight year a BakerHostetler privacy attorney named to MVP list BakerHostetler is proud to announce that Partner Paul Karlsgodt has been named a Privacy MVP by national legal publication Law360. He is one of only five attorneys nationwide selected for this honor. As the leader of BakerHostetler’s national Class Action Defense team, Karlsgodt is … Continue Reading

Federal Magistrate Recommends Dismissing TCPA Class Claims Against Coke

Photo of Casie CollignonPhoto of Justin WinquistBy Casie Collignon and Justin Winquist on Posted in Privacy Class Actions
Responding to an invitation to text can satisfy TCPA’s Express Consent Requirement In a Telephone Consumer Protection Act (TCPA) putative class action against Coca-Cola and its marketing agent, a Northern District of Alabama magistrate judge recommended dismissal on September 3, 2014 of most of the plaintiff’s claims on grounds that the plaintiff gave Coca-Cola prior … Continue Reading

Clapper Again Stymies Data Breach Class Action

By Judy Selby on Posted in Data Breaches, Online Privacy, Privacy Class Actions
Editor’s Note: This blog post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. The U.S. Supreme Court’s decision in Clapper v. Amnesty International USA again has been relied on by a federal district court to hold that the “mere loss of data” in a data breach case does not constitute an injury sufficient to … Continue Reading

Privacy Class Action – Theories of Liability – 2013 Year in Review

Photo of Erica Gann KitaevBy Erica Gann Kitaev on Posted in Privacy Class Actions
Authors: Erica Gann Kitaev and Paul Karlsgodt One hot area of data privacy litigation over the past several years has been data breach class actions brought under the California Confidentiality of Medical Information Act (“CMIA”),[1]  which provides that a person may recover $1,000 “nominal” damages against a healthcare provider who has negligently “released” the person’s … Continue Reading

Class Action – Damages and Class Treatment – 2013 Year in Review

Photo of Erica Gann KitaevBy Erica Gann Kitaev on Posted in Privacy Class Actions
Authors: Erica Gann Kitaev and Paul Karlsgodt In 2013, theories of injury and damages revealed themselves to be deciding factors at the class certification stage of litigation and whether plaintiffs are able to prove damages on a class-wide basis.  Even in those cases where some members of the proposed class can show that they suffered injury, … Continue Reading

New Jersey Federal Court Applies Supreme Court’s Clapper Decision and Dismisses Data Breach Class Action

By Judy Selby on Posted in Privacy Class Actions
This blog post is a joint submisssion with BakerHostetler’s Class Action Lawsuit Defense blog. Relying in part on the recent United States Supreme Court’s ruling in Clapper v. Amnesty International, a federal judge in New Jersey dismissed a putative data breach class action against three healthcare entities and a vendor retained by each the entities.  … Continue Reading

Class Action Settlement Based on Voucher Payout Wins Preliminary Approval by California District Court

By Judy Selby on Posted in Privacy Class Actions
Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. On November 5, 2013, a California federal district court preliminarily approved a revised coupon-based class action settlement agreement between plaintiffs and OfficeMax (see Order Granting Preliminary Approval of Revised Class Action Settlement Agreemeent). As reported here in September, the court … Continue Reading

Call Me, Maybe? A Nationwide Survey of Insurance Coverage for TCPA Class Actions

By Judy Selby on Posted in Privacy Class Actions
Co-authored by: Zack Rosenberg Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. The Telephone Consumer Protection Act (TCPA) restricts telephone solicitations and limits the use of automatic dialing systems, prerecorded voice messages, SMS text messages, and faxes. TCPA plaintiffs typically claim that they received unwanted calls, texts or … Continue Reading

Not Just Yet, Again…Class Action Plaintiff Fails in Second Bid to Access a TCPA Defendant’s Insurance Coverage

By Judy Selby on Posted in Privacy Class Actions
Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. On October 7, 2013, a Missouri federal court judge held that a class action plaintiff that alleged violations of the Telephone Consumer Protection Act (TCPA) lacked standing to seek coverage under the defendant’s insurance policies. Nationwide Mutual Insurance Company v. Harris Medical … Continue Reading

Wal-Mart Prevails in Credit Card Class Battle Over Practice of Collecting Addresses and Phone Numbers

Photo of BakerHostetlerBy BakerHostetler on Posted in Privacy Class Actions
Authored by: Julian Perlman Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. In a victory for Wal-Mart Stores, Inc., a federal district court judge has refused to certify a Rule 23(b)(3) class in a lawsuit for violation of California’s Song-Beverly Credit Card Act (Cal. Civ. Code § 1747 et seq., … Continue Reading

Opening the Flood Gates? California Voters May Create Presumption of Harm in Privacy Breach Cases

Photo of BakerHostetlerBy BakerHostetler on Posted in Data Breaches, Privacy Class Actions, Privacy Litigation
Authored by: Julian Perlman Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. California has moved one step closer towards amending its Constitution to create a presumption of harm whenever personal data is shared without a consumer’s express opt-in, a change that would clear a significant hurdle to many privacy breach … Continue Reading
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