Header graphic for print
Class Defense Blog Cutting-Edge Issues in Class Action Law and Policy

Tag Archives: privacy

Federal Court Upholds FTC’s Authority To Bring Enforcement Actions Over Data-Security Standards; Will Class Actions Follow?

Posted in Class Action Trends

Already, 2014 has been an eventful year in the world of data breaches and cybersecurity. In addition to a flurry of litigation over high-profile breaches at the start of the year, the National Institute for Standards and Technology released its long-anticipated Cybersecurity Framework. The latest development is the recent decision in the closely-watched Wyndham case, in… Continue Reading

Cert Petition Asks Supreme Court To Decide Whether Congress Can Allow Uninjured Plaintiffs To Sue In Federal Court

Posted in U.S. Supreme Court

For years, defendants have argued that federal courts may not entertain class-action lawsuits when the plaintiff does not allege that he or she suffered any concrete personal harm and instead relies solely on an “injury in law” based on an alleged exposure to a technical violation of a federal statute. As we (and others) have… Continue Reading

What The NIST Cybersecurity Framework Might Mean for Class Actions

Posted in Class Action Trends

After a year of public-private collaboration and considerable anticipation, the National Institute for Standards and Technology’s (NIST) cybersecurity framework for critical infrastructure has arrived. The interest in the framework has only grown after several high profile data breaches in late 2013 have cast an unrelenting spotlight on cybersecurity issues. The framework presents businesses with important… Continue Reading

What’s Going On With Class Actions Alleging That Businesses That Record Customer-Service Calls Are Violating California’s Invasion of Privacy Act?

Posted in Class Action Trends

Since 2006, companies based outside California have been alert to the potential burdens of class actions under California’s Invasion of Privacy Act (“CIPA”), Cal. Penal Code § 630 et seq. The laws of most states, as well as federal law, allow telephone calls to be recorded with the consent of one party to the call…. Continue Reading

Why Did A Federal Court Slash Class Counsel’s Proposed Fee Award In A Zip-Code Class Action By More Than 80 Percent?

Posted in Class Action Settlements

Here’s a great formula for becoming a rich plaintiffs’-side class-action lawyer: Copy-and-paste some cookie-cutter complaints alleging technical statutory violations.  Send demand letters to a group of deep-pocketed targets and negotiate coupon settlements with them before even filing the complaints. Then seek a six- or seven-figure award of attorneys’ fees for doing no heavy lifting, bearing… Continue Reading

Floodgates to New York Telemarketing Class Actions Under the TCPA Are Open, Says Second Circuit

Posted in Class Certification

Just in time for the holidays, the Second Circuit’s recent decision in Bank v. Independence Energy Group LLC has dropped a lump of coal in the business community’s stocking. In this case, the “lump of coal” is an open door to class actions under the Telephone Consumer Protection Act in federal courts in New York…. Continue Reading

App Store Privacy Class Action Survives Apple’s Motion to Dismiss In Light Of Online Representations

Posted in Class Action Trends, Motions Practice

The plaintiffs’ bar continues to march forward in bringing privacy-related class actions. As we’ve written before, companies have often been able to defeat such lawsuits at the pleading stage when plaintiffs cannot allege that they suffered a harm that was concrete or cognizable. But that trend has not been universal: In a recent case involving… Continue Reading

Where Will the Zip Code Class Actions Be Filed Next?

Posted in Class Action Trends

Over the past two years, a big growth area for plaintiffs’ lawyers has been cases challenging the use of zip codes or other identifying information by merchants that process credit-card transactions. In 2011, the California Supreme Court held in Pineda v. Williams-Sonoma Stores that a zip code constitutes “personal identification information” under California’s Song-Beverly Credit… Continue Reading

Do Plaintiffs Have Standing To Sue Over Alleged Reduction In The Value Of Their Personal Data?

Posted in Class Action Trends, Motions Practice

A key question in many privacy class actions is whether the plaintiff has suffered an injury sufficient to confer Article III standing. Quite a number of these actions have been dismissed for lack of standing. The plaintiffs’ bar therefore has been brainstorming new theories of injury in the hope that one of them will be… Continue Reading

Privacy and Mobile Apps: The California AG Speaks Out

Posted in Class Action Trends

In recent months, we have seen growing interest in potential privacy issues in the context of mobile applications. Earlier this month, California Attorney General Kamala D. Harris released an official report—“Privacy On the Go: Recommendations for the Mobile Ecosystem”—with new privacy recommendations for the mobile industry. The report, while providing a “template” for best practices,… Continue Reading

Balthazor: Individualized Questions as to Consent Torpedo Attempt to Certify TCPA Class Action

Posted in Class Certification, Predominance

Readers of this blog are likely familiar with the Telephone Consumer Protection Act (“TPCA”), the law that prohibits certain types of calls using an automatic telephone dialing system or prerecorded message. The plaintiffs’ bar has filed numerous class actions seeking statutory damages under the TCPA.  Businesses facing these actions should be alert for opportunities to… Continue Reading

FCC Requests Comments on Whether TCPA Applies to Internet-to-Text-Message Services

Posted in Class Action Trends

Last week, the FCC requested comments on four petitions for declaratory rulings relating to the Telephone Consumer Protection Act (“TCPA”), the law that launched a thousand class-action lawsuits (or at least seems that way). One petition (pdf), by Revolution Messaging, LLC, asks the FCC to classify text messages sent via the Internet as subject to the… Continue Reading

Ninth Circuit Hands Two Losses to TCPA Class Action Defendants

Posted in Class Action Trends, Motions Practice

October has been a good month to be a plaintiff in a class action under the Telephone Consumer Protection Act (“TCPA”) in the Ninth Circuit. Twice this month, that court has issued pro-plaintiff rulings, upholding a preliminary injunction against one defendant and reversing a district court’s grant of summary judgment to another defendant. See Meyer… Continue Reading

California Federal District Court Dismisses “Gotcha” TCPA Class Action Challenging Responses To “STOP” Text Messages

Posted in Class Action Trends, Motions Practice

The plaintiffs’ bar loves the Telephone Consumer Protection Act (“TCPA”)—which prohibits certain unsolicited phone calls and text messages—because it provides for statutory damages of up to $1,500 per violation and thus is a great vehicle for shakedown class actions against businesses.  One recent wave of questionable TCPA class actions asserts that messages sent to confirm… Continue Reading