Once again, we find ourselves reviewing a pertinent decision regarding the Illinois Biometric Information Privacy Act (“BIPA”). For our new readers, BIPA regulates the sale and storage of “biometric information”. In 2008, when the legislature enacted it, BIPA was acknowledged as forward thinking. Since then, it has consistently raised novel issues in litigation. A recent
Every federal lawsuit requires standing for the court to have subject matter jurisdiction to hear the case, and standing requires an injury-in-fact. As seen from our coverage this morning out of the Second Circuit.
In Derrick McCray v. John E. Wetzel & President, No. 3:20-cv-139, 2021 U.S. Dist. LEXIS 73782 (W.D. Pa. Apr.
Our readers know that the Illinois Biometric Information Privacy Act (“BIPA”) is one of our favorite topics. Enacted in 2008, BIPA continues to raise interesting issues. One notable one that has emerged is whether BIPA would apply to a photograph of a fingerprint or handprint. Although the plain text of the statute suggests that BIPA
As our regular readers know, CPW loves to cover the Illinois Biometric Information Privacy Act (“BIPA”). We have written extensively about BIPA to the point that it is one of our three dedicated “Power Centers”. We also recently published a primer on the status of standing for BIPA claims. Now, we have a
Most states offer statutory remedies for offenses relating to unauthorized access or computer-related information or trade secrets. New Jersey is one such state, and a recent case illustrates specific pitfalls with pleading claims under these acts. Read on to learn CPW’s take.
In Display Uk v. Ground Support Labs, 2021 N.J. Super. Unpub. LEXIS
As the number of data breaches continue to rise, so too will the number of lawsuits filed. As CPW previously reported, the number of data breaches in 2020 was more than double that of 2019. One can only wonder what 2021 will bring. Yet with this increase in data breach litigation, a recent opinion
As CPW readers may recall, in December 2020, two notable data privacy multidistrict litigations (“MDLs”) were created: In re: Clearview AI, Inc., Consumer Privacy Litigation (“Clearview”) and In re Blackbaud, Inc. (“Blackbaud”). Since then, each case has experienced a few developments. Read our summary of developments below, and be sure to subscribe
The Fair Debt Collection Practices Act (“FDCPA”) is a significant piece of legislation. It has regulated “debt collectors,” as defined by statute, for over 40 years. Recently, the Consumer Financial Protection Bureau issued a new rule implementing the statute’s enforcement (for CPW’s prior coverage, check out here and here). Despite these significant developments, however,
A recent, brief opinion provides us with an overview of the elements required to sustain claims under the Fair Credit Reporting Act (“FCRA”) and Fair Debt Collection Practices Act (“FDCPA”). Whether you are developing new expertise or honing your craft, this case provides a convenient review of the elements required for causes of action under
According to many plaintiffs in recently filed data breach litigations, credit and debit card fraud is a growing problem. It’s great if this sounds familiar to readers of CPW, because it should: last year, we discussed a class action lawsuit filed by a group of credit unions against a Pennsylvania-based convenience store chain alleging a