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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Litigation
NetChoice Seeks to Block the California Age-Appropriate Design Code
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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
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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
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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
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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
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Posted in Information Security, Online Privacy
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
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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
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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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Fitness App Agrees to Pay $56 Million to Settle Class Action Alleging Dark Pattern Practices
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On February 14, 2022, Noom Inc., a popular weight loss and fitness app, agreed to pay $56 million, and provide an additional $6 million in subscription credits to settle a putative class action in New York federal court.
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Texas AG Sues Meta Over Collection and Use of Biometric Data
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On February 14, 2022, Texas Attorney General Ken Paxton brought suit against Meta over the company’s collection and use of biometric data. The suit alleges that Meta collected and used Texans’ facial geometry data in violation of the Texas Capture or Use of Biometric Identifier Act and the Texas Deceptive Trade Practices Act. …
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