Recent class actions filed against Facebook and Shutterfly are the first cases to test an Illinois law that requires consent before biometric information may be captured for commercial purposes. Although the cases focus on biometric capture activities primarily in the social-media realm, these cases and the Illinois law at issue have ramifications for any business that employs biometric-capture technology, including those who use it for security or sale-and-marketing purposes. In a recent article published in Law360, Hunton & Williams partner, Torsten M. Kracht, and associate, Rachel E. Mossman, discuss how businesses already using these technologies need to keep abreast of new legislation that might affect the legality of their practices, and how businesses considering the implementation of these technologies should consult local rules and statutes before implementing biometric imaging.

Continue Reading States Writing Biometric-Capture Laws May Look to Illinois

On July 20, 2015, the United States Court of Appeals for the Seventh Circuit reversed a previous decision that dismissed a putative data breach class action against Neiman Marcus for lack of Article III standing.
Continue Reading Federal Court: Seventh Circuit States Data Breach Class’ Allegations Against Neiman Marcus Satisfy Article III Standing

As reported in the Hunton Employment and Labor Perspectives Blog, Illinois recently joined a growing number of states and municipalities that have passed “ban the box” laws regulating when employers can inquire into an applicant’s criminal history. The new law goes into effect January 1, 2015.
Continue Reading Illinois Becomes the Latest State to “Ban the Box”

In recent weeks, regulators in California and Illinois have issued guidance on responding to data security breaches, while UK and California authorities released online forms for organizations to use when providing notification of a breach to regulators.
Continue Reading UK and U.S. Regulators Introduce New Breach Guidance, Notification Forms

As reported in the Hunton Employment & Labor Perspectives Blog, on October 10, 2011, California became the seventh state to enact legislation restricting public and private employers alike from using consumer credit reports in making hiring and other personnel decisions.
Continue Reading California Joins the Growing List of States Restricting Employers’ Use of Consumer Credit Reports

A class action complaint filed on December 9, 2009, in Illinois federal court alleges that WideOpen West, Finance, LLC ("WOW"), an Internet service provider, violated its users’ privacy by "installing spyware devices on its broadband networks."  Valentine v. WideOpen West (N.D. Ill., No. 1:09-cv-07653).  This action against WOW follows the October 6, 2009, dismissal by a district court in California of similar claims against six out-of-state ISP defendants (including WOW) filed in November 2008 by the same lead plaintiff.  The court in Valentine v. NebuAd, Inc. et al. (N.D. Cal., No. 3:08-cv-05113) found that the ISP defendants were not subject to personal jurisdiction in California, leaving the now-defunct NebuAd as the only defendant in that case.  Plaintiff Valentine has now brought this action against WOW in the Northern District of Illinois.

Continue Reading New Class Action Complaint Alleges Privacy Violations by ISP Using NebuAd Device