On November 12, 2020, Chief Judge Nancy J. Rosenstengel of the U.S. District Court for the Southern District of Illinois rejected Apple Inc.’s (“Apple’s”) motion to dismiss a class action alleging its facial recognition software violates Illinois’ Biometric Information Privacy Act (“BIPA”). Judge Rosenstengel agreed with Apple, however, that the federal court lacks subject matter jurisdiction over portions of the complaint.

Continue Reading BIPA Lawsuit Proceeds Against Apple in Federal Court

On May 9, 2016, the Federal Trade Commission announced it had issued Orders to File a Special Report to eight mobile device manufacturers requiring them to, for purposes of the FTC’s ongoing study of the mobile ecosystem, provide the FTC with “information about how [the companies] issue security updates to address vulnerabilities in smartphones, tablets, and other mobile devices.”
Continue Reading FTC Orders Mobile Device Manufacturers to Provide Information about Security Updates for Study

On August 1, 2014, the Federal Trade Commission released a new staff report examining the consumer protection implications of popular mobile device applications that provide shopping and in-store purchase services.
Continue Reading FTC Releases Staff Report Recommending Transparency Improvements for Mobile Shopping Apps

On January 24, 2014, the Chamber Court of Berlin rejected Facebook’s appeal of an earlier judgment and imposed certain restrictions on Facebook’s use of the “Find a Friend” feature and its privacy notices. This case continues a trend of German consumer protection organizations bringing successful claims for data protection law breaches against international businesses.
Continue Reading German Appeals Court Finds German Data Protection Law Applicable to Facebook

On January 15, 2014, the Federal Trade Commission announced a proposed settlement with Apple Inc. stemming from allegations that the company billed consumers for mobile app charges incurred by children without their parents’ consent. Apple agreed to pay a minimum of 32.5 million USD to provide refunds to consumers and to change its billing practices no later than March 31, 2014.
Continue Reading FTC Settles with Apple for Kids’ In-App Purchases

On January 16, 2014 the High Court in London rejected submissions made on behalf of Google Inc. (“Google”) that the case brought against it by three UK-based users of Apple’s Safari browser should be heard in the U.S., rather than before an English court. The decision means that the case could be heard before a court in England, although media reports suggest Google will appeal the decision.
Continue Reading UK High Court Rules in Cookies Claim Against Google

The Luxembourg data protection authority has stated that it will not investigate complaints relating to the alleged involvement of Microsoft Luxembourg and Skype Software S.a.r.l. and Skype Communications S.a.r.l. in the PRISM surveillance program.
Continue Reading Luxembourg DPA Will Not Investigate Microsoft or Skype over Involvement in the PRISM Program