On October 2, 2019, the UK Court of Appeal handed down its judgment on the appeal in Richard Lloyd v. Google LLC, in which Richard Lloyd, a consumer protection advocate, seeks to bring a representative action on behalf of four million Apple iPhone users against Google LLC in the United States. Previously, the High Court had refused to grant permission for the proceedings to be served outside the UK. The Court of Appeal reversed the High Court’s judgment, granting permission for service outside the UK and allowing the representative action to proceed. The judgment is significant as it paves the way for representative actions (equivalent to class actions) for data protection infringements in the UK.

Continue Reading UK Court of Appeal Permits Activist to Proceed with Claim for Damages Against Google

On August 8, 2019, the United States Court of Appeals for the Ninth Circuit allowed a class action brought by Illinois residents to proceed against Facebook under the Illinois Biometric Information Privacy Act. This blog entry provides details on the case.
Continue Reading Ninth Circuit Allows Class Action Challenging Facebook’s Facial Recognition Technology Under Illinois BIPA

On May 28, 2019, a federal jury returned a verdict awarding 1,000 dollars to each of the 68,000 class members whose criminal history was made publicly available online. This blog entry provides an overview of the case.
Continue Reading Pennsylvania County Hit with 68 Million Dollar Verdict in Statutory Damages After Violating Privacy Interests

The UK Supreme Court has granted VM Morrison Supermarkets PLC permission to appeal an October 2018 UK Court of Appeal ruling that Morrisons was vicariously liable for a data breach caused by a former employee. This blog entry provides an overview of the case.
Continue Reading UK Supreme Court Gives Morrisons Permission to Appeal Data Breach Class Action

On December 29, 2018, the Northern District of Illinois dismissed consolidated cases brought under the Illinois Biometric Information Privacy Act on standing grounds, finding that despite the existence of statutory standing under BIPA, neither plaintiff had claimed any injury that would support Article III standing.
Continue Reading Illinois BIPA Suit Dismissed for Lack of Article III Standing

On November 21, 2018, the Supreme Court of Pennsylvania found that a putative class action against UPMC by current and former employees should not have been dismissed. Employers have common law duty to use reasonable care to safeguard its employees’ sensitive personal information that it stores on Internet-accessible computer systems, and Pennsylvania’s economic loss doctrine did not bar the plaintiffs’ negligence claim.
Continue Reading Supreme Court of Pennsylvania Ruling on Common Law Duty to Protect Electronic Employee Data

On October 23, 2018, the parties in the Yahoo! Inc. Customer Data Security Breach Litigation pending in the Northern District of California and the parties in the related litigation pending in California state court filed a motion seeking preliminary approval of a settlement related to breaches of the company’s data.
Continue Reading Yahoo! Agrees to Settle Data Breach Class Actions with $50 Million Fund and Credit Monitoring

Vizio, Inc., a California-based company best known for its internet-connected televisions, agreed to a $17 million settlement that, if approved, will resolve multiple proposed consumer class actions consolidated in California federal court. The suits’ claims, which are limited to the period between February 1, 2014 and February 6, 2017, involve data-tracking software Vizio installed on its smart TVs.
Continue Reading Vizio Agrees to $17M Settlement to Resolve Smart TV Class Action Suit

On September 26, 2018, the U.S. District Court for the District of Colorado refused to dismiss all putative class claims against Chipotle Mexican Grill, Inc. This litigation arose from a 2017 data breach in which hackers stole customers’ payment card and other personal information by using malicious software to access the point-of-sale systems at Chipotle’s locations.
Continue Reading Chipotle Consumer Plaintiffs’ Putative Class Case Survives in Part