California class action plaintiffs have begun to file under a new theory—the pen register and trap and trace device theory under Section 638.51 of the California Invasion of Privacy Act. A recent California decision denied the motion to dismiss as to the Section 638.51 claim, rejecting the argument that the defendant’s software was not a pen register.
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Litigation
CJEU Rules That Fear May Constitute Damage Under the GDPR
On December 14, 2023, the Court of Justice of the European Union issued its judgment in the case of VB v. Natsionalna agentsia za prihodite (C‑340/21), in which it clarified the concept of non-material damage under Article 82 of the GDPR and the rules governing burden of proof in the GDPR.
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Federal Judge Blocks the California Age-Appropriate Design Code
On September 18, 2023, Judge Beth Labson Freeman of the U.S. District Court for the Northern District of California granted NetChoice’s request for preliminary injunction in NetChoice v. Bonta, finding that NetChoice is likely to succeed on its claim that the California Age-Appropriate Design Code violates the First Amendment. …
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NetChoice Seeks to Block the California Age-Appropriate Design Code
On August 31, 2023, NetChoice, a national trade association of large online businesses, filed supplemental briefing in its challenge to the California Age-Appropriate Design Code. …
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Whole Foods Settles BIPA Voiceprint Class Action
On January 3, 2023, an Illinois state court entered a preliminary approval order for a settlement of nearly $300,000 in a class action lawsuit against Whole Foods for claims that the company violated the Illinois Biometric Information Privacy Act. …
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Five Guys Hit with BIPA Class Action
On December 20, 2022, a former employee in Illinois, brought a class action suit against Five Guys Enterprises, LLC, alleging that Five Guys violated the Illinois Biometric Information Privacy Act. …
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Illinois Appellate Court Holds Data Retention Policies Required When Collecting Biometric Data
On November 30, 2022, the Second District Appellate Court of Illinois reversed and remanded a grant of summary judgement in favor of defendant, J&M Plating, Inc., for alleged violation of the Illinois Biometric Information Privacy Act.
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Facebook’s $90M Privacy Deal Gets Final Nod Over Objections
On November 14, 2022, Judge Edward J. Davila of the Northern District of California approved a $90 million privacy settlement against Meta Platforms, Inc. for unlawfully tracking user information when users were logged out of the site.
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First Ever BIPA Trial Results in $228 Million Judgment Against BNSF Railway
On October 12, 2022, a federal jury found BNSF Railway, operator of one of the largest freight railroad networks in North America, violated the Illinois Biometric Information Privacy Act in the first ever BIPA case to go to trial. …
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Judge Approves $92 Million TikTok Settlement
On July 28, 2022, a federal judge approved TikTok’s $92 million class action settlement of various privacy claims made under state and federal law, which will resolve litigation that began in 2019 and involved claims that TikTok violated the Illinois Biometric Information Privacy Act and the federal Video Privacy Protection Act.
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