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
The technology that science fiction promised us has finally arrived, but accompanying it are new duties, liabilities, and causes of action. Smart homes, or homes interfaced with internet functionality, are growing in popularity. In a smart home, features like door locks and appliances may be connected to the internet, allowing consumers to remotely control or
2020 has been a year for the record books, and the area of data breach litigation is no exception. Several key developments, when considered individually or in conjunction, will likely make breach litigation a top of mind data privacy issue going into the next year. So fasten your seatbelts and read on as CPW recaps
As the first year for litigation and enforcement, 2020 was a big year for the California Consumer Privacy Act (“CCPA”). Read on for ConsumerPrivacyWorld’s highlights of the year’s most significant events, as well as our predictions for what 2021 may bring.
Recap – What is the CCPA?
Following the lead of the European Union’s General
This week brought news of a Federal Trade Commission (“FTC”) complaint and proposed $4.25 million settlement with AppFolio, Inc. (“AppFolio”), a California-based company that provides “screening reports” to property management companies regarding potential tenants’ rental, credit, and criminal histories,. While the settlement bears a hefty price tag, it was Commissioner Rohit Chopra’s dissenting statement that
As you will recall from CPW’s prior update (here), earlier this fall, the CFPB issued a final rule (the “Rule”) to implement the Fair Debt Collection Practices Act (“FDCPA”). 12 CFR Part 1006 et seq. The Rule is perhaps the most significant development affecting the debt collection industry since the FDCPA came
Under the Federal Rules of Civil Procedure, including exhibits to a motion to dismiss may convert the motion into a motion for summary judgment. Generally, there are exceptions to this rule, such as including as an exhibit a document that the plaintiff relied on in its complaint. The decision whether to include an exhibit in