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.
Continue Reading New Wave of Website Privacy Lawsuits Under the Pen Register and Trap and Trace Device Theory

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.
Continue Reading CJEU Rules That Fear May Constitute Damage Under the GDPR

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.
Continue Reading Federal Judge Blocks the California Age-Appropriate Design Code

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.
Continue Reading Illinois Appellate Court Holds Data Retention Policies Required When Collecting Biometric Data

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.
Continue Reading Judge Approves $92 Million TikTok Settlement