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Category Archives: Class Action Litigation

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Hulu Scores a Victory (at least temporarily) in Avoiding Class Certification

Posted in Class Action Litigation, Privacy Litigation

Written by Meredith Leary Another important decision has been rendered in the ongoing In re: Hulu Privacy Litigation saga pending in the United States District Court for the Northern District of California, this time denying – without prejudice – the proposed certification of a class of Hulu users pursuing claims involving Hulu’s allegedly wrongful disclosure of “cookies.” … Continue Reading

Aggressive Liability Theory Does Not Eliminate Obstacles To Banks’ Claims In Target Data Breach Class Action

Posted in Class Action Litigation, Data Breach, Privacy Litigation

Written by Kevin McGinty The latest salvo in the Target data breach litigation is a class action brought by credit card issuing banks advancing a creative and somewhat misleading construction of the Minnesota’s Plastic Card Security Act.  The banks allege that there was a violation of the statute’s prohibition on retaining PIN, security code and… Continue Reading

Unauthorized Children’s In-App Purchases Round Two: Google Faces Class Action

Posted in Children, Class Action Litigation

Written by Julia Siripurapu, CIPP/US Just two months after Apple’s settlement with the FTC over lax parental controls over children’s in-app purchases (see our prior blog post), Google takes the spotlight with claims of unauthorized children’s in-app purchases in the Google Play Store! This time, it’s not an FTC action, but a class action. The… Continue Reading

Damages Issues Again Thwart the Bulk of Plaintiffs’ Claims in the PlayStation Network Data Breach Class Action

Posted in Class Action Litigation, Data Breach

Written by Kevin McGinty In the latest chapter in the Sony PlayStation Network (“PSN”) data breach saga, a decision that issued on January 21, 2014 permanently dismissed all but a handful of the class action claims advanced in a 51 count complaint.  Plaintiffs, representing a putative nationwide class of PSN users, asserted dozens of state… Continue Reading

On the 11th Day of Privacy, class counsel served on me……

Posted in Class Action Litigation, Data Breach

. . . a data breach class action.  Hackers and plaintiffs’ lawyers could combine to make 2014 the year when class actions concerning theft of sensitive information proliferate.  On this 11th Day of Privacy, we look ahead at the prospects for privacy class actions in the coming year. Written by Kevin McGinty When asked why he robbed banks,… Continue Reading

The Dark Cloud Over Nordstrom’s Black Friday: California Law May Prohibit Retailers from Collecting Email Addresses at Checkout

Posted in Class Action Litigation, Privacy Litigation

Written by Jake Romero, CIPP/US This past weekend if you survived the towel aisle and other Black Friday dangers and made it to the register to purchase your items, it is possible you were asked to provide an email address so that your receipt could be emailed to you.  This type of request is the… Continue Reading

Google pays BIG to state Attorney Generals for Improper Consumer Tracking

Posted in Class Action Litigation, Data Compliance & Security, Federal Trade Commission, Privacy Litigation, Privacy Regulation

Written by Julia Siripurapu Earlier this month, Google, Inc. (“Google” or “Company”) entered into an  agreement with the Attorney Generals of 37 states and the District of Columbia, settling allegations of violation of  the participating states’ consumer protection or applicable computer abuse statutes (the “Settlement Agreement”). Here’s what got the tech giant in trouble: Google… Continue Reading

Google Must Face Most Claims in Keyword Wiretap Class Action

Posted in Class Action Litigation, Privacy Litigation

Written by Jake Romero If you were on Google’s home page yesterday at the office, you probably spent more time than you care to admit playing the “help the letter ‘g’ hit the piñata” game that Google created for its 15th birthday. For Google, that might be a welcome distraction from very bad news it received… Continue Reading

Privacy Monday – September 9, 2013 — NIST Draft Cybersecurity Framework

Posted in Class Action Litigation, Cybersecurity, Data Breach, Privacy Monday

This Privacy Monday, there are a few important items of note, rather than the usual “bits and bytes”. NIST RELEASES DISCUSSION DRAFT OF CYBERSECURITY FRAMEWORK After several months of work, the National Institute of Standards and Technology has published a draft of its cybersecurity “Framework.” Developed in response to an executive order from President Obama,… Continue Reading

Your Face is for Sale! The 4 Most Interesting Things About the Proposed Update to Facebook’s Governing Documents

Posted in Class Action Litigation, Privacy Litigation

Written by Jake Romero If you use Facebook (and you likely do, if only to play some game that apparently involves crushing large amounts of candy), then you received an email last week informing you that Facebook is proposing changes to its Data Use Policy and Statement of Rights and Responsibilities.  The proposed changes are… Continue Reading

BOSTON: Join Us for “Cybersecurity: It’s Not Just for IT Anymore”

Posted in Class Action Litigation, Cybersecurity, Data Breach, Data Compliance & Security, Privacy Litigation, Privacy Regulation, Security

If you are in the Boston area (or will be on September 26), please join us for an afternoon discussion on cybersecurity and the growing risk to corporate directors.   It’s no longer just the purview of a company’s IT or compliance personnel.  Cybersecurity needs to be elevated to boardroom discussion and this seminar will cover what… Continue Reading

Seventh Circuit Declines to Review Class Certification Order in Enormous Computer Privacy Class Action

Posted in Class Action Litigation, Privacy Litigation

Written by Kevin McGinty and Evan Nadel In its recent decision in Harris v. comScore, Inc., the Seventh Circuit declined to review a trial court order certifying a plaintiff class consisting of hundreds of thousands of computer owners who downloaded software that permitted comScore, Inc. to track internet traffic and usage.  The comScore software was… Continue Reading

Yet Another Zip Code Class Action Filed in Massachusetts

Posted in Class Action Litigation, Privacy Litigation

Written by Amy Malone Earlier this month, we reported on the privacy case against craft giant Michaels Stores (see our blog post here, as well as our client alert here) in which the plaintiff alleged that Michaels illegally collected zip codes during credit card transactions. The case was ultimately dismissed by the federal district court,… Continue Reading

Hannaford Data Breach Class Action Certification: Denied

Posted in Class Action Litigation, Data Breach, Privacy Litigation

Written by Kevin McGinty Damages issues continue to bedevil would-be data breach class action plaintiffs.  A long and growing line of cases holds that consumers cannot maintain claims arising from theft of their personal or financial data without alleging that the theft resulted in financial injury.  One notable exception to this trend was the First… Continue Reading

Setback for Apple in iPhone MDL

Posted in Class Action Litigation

Written by Evan Nadel In a case about exposing user data, Apple suffered a setback due to its concealment of information in litigation.  Last week, in the multi-district litigation, In Re iPhone Application Litigation, Judge Lucy Koh of the Northern District of California denied Apple’s motion for summary judgment in a putative class action by… Continue Reading

Zip Code as Personal Information: The Massachusetts Round 2

Posted in Class Action Litigation, Data Compliance & Security, Privacy Litigation

Yesterday, the Massachusetts Supreme Judicial Court (“SJC”) ruled that zip codes constitute “personal identification information” under G.L. c. 93.  The question of law came to the SJC from the U.S. District Court for Massachusetts stemming from Tyler vs. Michaels Store, Inc, which was dismissed in January.  This ruling echoes California’s 2011 decision that the Song-Beverly… Continue Reading

First of a series (updated): Issues for 2013

Posted in Class Action Litigation, Data Breach, Data Breach Notification, Data Compliance & Security

Happy New Year!   We are beginning this week with a series of top Privacy and Security issues for 2013, as we see them.   Let’s start with an issue of interest to publicly traded companies, or companies considering going public in 2013 – a reminder that cybersecurity issues are of interest to the Securities… Continue Reading

“Fly Delta” May Get Grounded by California Attorney General

Posted in Class Action Litigation, Privacy Litigation, Privacy Regulation

Written by Evan Nadel and Jake Romero Delta Airlines, Inc. may have to pay fines equal to 20 “excess bag” fees for each user that has downloaded its “Fly Delta” mobile application.  California Attorney General Kamala Harris has filed a complaint against Delta, alleging that Delta has failed to conspicuously post a privacy policy on… Continue Reading

“Fair, Adequate and Reasonable”: Federal Judge Approves the FTC’s $22.5 Million Settlement with Google

Posted in Class Action Litigation, Federal Trade Commission

Written by Jake Romero As previously reported in this blog , Google, Inc. agreed to pay $22.5 Million to settle Federal Trade Commission charges that it misrepresented its data collection practices to users of Apple, Inc.’s Safari Internet browser .  That settlement has now been approved by U.S. District Judge Susan Illston, following a challenge brought… Continue Reading

The Unforeseeable Transaction: Apple Argues that the California Song-Beverly Credit Card Act Should Not Apply To Online Retailers

Posted in Class Action Litigation, Privacy Regulation

Written by Jake Romero When is a gallon of gas like an iTunes track?  That may sound like a riddle from a Lewis Carroll novel, but it was one of the questions considered by the California Supreme Court during oral arguments in Apple v. Superior Court (Krescent) as Apple, Inc. attempted to persuade the Court… Continue Reading

Court Decision in Sony PlayStation Data Breach Case Places Burden on Plaintiffs to Allege Actual Damages

Posted in Class Action Litigation, Data Breach, Data Breach Notification

Written by Kevin McGinty Class action plaintiffs asserting claims against Sony in connection with the 2011 Sony PlayStation Network (“PSN”) data breach face permanent dismissal of their claims unless they can allege actual losses resulting from the breach.  In an October 11 decision, a federal court in Los Angeles granted in part Sony’s motion to… Continue Reading