CCPA Notice Requirements for Statutory Damages

By James Morrison and Casie Collignon on December 16, 2019 Posted in CCPA

Beginning on Jan. 1, 2020, companies that collect personal information of California residents need to be prepared to prevent and defend against potentially catastrophic litigation if such personal information becomes compromised. Specifically, under the California Consumer Protection Act (CCPA), any California consumer whose nonencrypted or nonredacted personal information is subject to unauthorized access and exfiltration, … Continue Reading

Privacy Class Actions: Year-in-Review

By Erica Gann Kitaev on January 4, 2013 Posted in Privacy Class Actions, Privacy Litigation

During 2012, privacy class actions continued to trend toward two major categories: 1) actions that arose out of a data breach event and 2) actions brought to prosecute an alleged consumer privacy right. Article III Standing in Data Breach Class Actions A key issue in data breach class actions is the question of what types … Continue Reading

Actual Harm is Required even when a Privacy Law Allows for Statutory Damages

By Theodore J. Kobus III on November 7, 2011 Posted in Privacy Litigation

A California federal district court judge found last week that plaintiffs must establish a cognizable injury even when minimum statutory damages are available under a California state statute. This could prove to be a significant win for the defense bar. As I discussed here, the recent First Circuit decision in Hannaford could signal a changing … Continue Reading