On November 10, 2021, the UK Supreme Court issued its long-awaited judgment in the Lloyd v Google case. The decision is expected to make it difficult in practice for a future class action lawsuit that is brought on behalf of a class of individuals who have not actively opted in to being represented by the lead claimant to proceed under UK law.
Continue Reading Lloyd Court Says No to Class Action-Style Lawsuits in the UK

As reported on the Hunton Retail Resource Blog, on October 20, 2021, a new wave in the fight against “robocalls” is targeting telemarketing text messages. In the past six months, there has been an uptick in activity at both the state and federal level to reign in telemarketing text messages.
Continue Reading Fight Against Robocalls Is Coming for Telemarketing Text Messages

On June 25, 2021, the U.S. Supreme Court in TransUnion LLC v. Ramirez held in a 5-4 decision that certain members of a class action lawsuit, whose inaccurate credit reports were not provided to third parties, did not suffer a “concrete” injury sufficient to confer Article III standing.
Continue Reading Spokeo 2.0 – The Supreme Court Provides Clarity on the “Injury” Necessary to Bring Suit

As reported on the Hunton Retail Law Blog, the U.S. Court of Appeals for the Second Circuit has affirmed the dismissal on Article III standing grounds of a data breach class action predicated on an alleged increased risk of identity theft. Notably, the district court that dismissed the action raised the issue of standing sua sponte in advance of a scheduled class settlement fairness hearing.
Continue Reading Second Circuit Affirms Dismissal of Data Breach Class Action on Article III Standing Grounds

On April 9, 2021, the First-Tier Tribunal of the General Regulatory Chamber stayed proceedings in Ticketmaster UK Limited’s (“Ticketmaster’s”) appeal against a fine issued by the UK Information Commissioner’s Office (“ICO”) until 28 days after a judgment in civil litigation brought by 795 customers against Ticketmaster. The group action, which relates to the breach for which Ticketmaster was fined by the ICO, is currently before the High Court in England. As a result of the stay in proceedings, the appeal likely will not be heard before the Tribunal until mid to late 2023.

Continue Reading Ticketmaster Appeal of ICO Fine Stayed by UK Tribunal Until 2023

On November 24, 2020, a multistate coalition of Attorneys General announced that The Home Depot, Inc. agreed to pay $17.5 million and implement a series of data security practices in response to a data breach the company experienced in 2014.
Continue Reading Home Depot Agrees to Pay $17.5 Million in Multistate Settlement Following 2014 Data Breach

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

Earlier this year, The Retail Equation and Sephora were hit with a class action lawsuit in which the plaintiff claimed Sephora improperly shared consumer data with The Retail Equation without consumers’ knowledge or consent. On August 3, 2020, the plaintiff, now joined by others, amended her complaint to cast an even wider net.
Continue Reading Multiple Retailers Sued Under CCPA for Sharing Data Used to Identify Fraudulent Returns