Second Circuit Rejects Strict Liability But Imposes Reasonable Care Standard on Disclosure of Personal Motor Vehicle Information

By Judy Selby on August 6, 2013 Posted in Information Security

In a lengthy opinion that closely examined the legislative history of the Driver’s Privacy Protection Act (DPPA), the Second Circuit refused to impose strict liability on data brokers and resellers of personal information sourced from motor vehicle records. Eric Gordon v. Softech, et al., 12-661-cv (2d Circuit July 31, 2013). The court did hold, however, … Continue Reading

Privacy Litigation–2011 Year in Review

By Craig A. Hoffman on January 6, 2012 Posted in Data Breaches, Privacy Litigation

There were no bombshells or truly groundbreaking decisions in 2011. Courts continued to dismiss claims filed in the wake of data breaches based on findings that the plaintiffs had failed to identify any cognizable harm sufficient to achieve Article III standing or to demonstrate actual damages. A few decisions, however, show an evolution in the … Continue Reading

Will the Driver’s Privacy Protection Act Fuel the Next Wave of Class Actions Against Retailers?

By Craig A. Hoffman on November 29, 2011 Posted in Federal Legislation, Privacy Litigation

Within a month of a California Supreme Court decision in Pineda v. Williams-Sonoma Stores, Inc. (finding ZIP codes constitute personal identification information under California’s Song-Beverly Act), over 100 putative class action law suits were filed against retailers operating in California. A November 22 lawsuit against Best Buy (Siegler v. Best Buy Co. of Minnesota, Inc.) … Continue Reading