In a significant ruling, the Northern District of California recently denied in part a defendant’s motion to dismiss a complaint alleging violations of various consumer privacy statutes. It found that an affirmative defense of compliance with one privacy statute, the California Consumer Privacy Act (“CCPA”), did not shield defendant from liability for alleged violations of
CPW has previously covered In re Blackbaud, a data privacy multi-district litigation (“MDL”) created in December 2020 that is currently pending in the District of South Carolina. The MDL was created to manage the claims of individuals and putative class representatives against Blackbaud, a cloud software company that was targeted in several ransomware attacks
The Supreme Court has just issued a major ruling that is a significant win for defendants in data privacy and data breach litigations. In Ramirez v. TransUnion, the Supreme Court reconsidered the question of what constitutes an “injury in fact” under Article III, five years after its significant holding in Spokeo, Inc. v. Robins
CPW has been monitoring the data privacy bills under consideration this year at the federal and state level (see some of our prior coverage here, here and here). Last week, Senator Kirsten Gillibrand reintroduced the Data Protection Act, a bill that would establish a new federal agency, the Data Protection Agency (“DPA”), dedicated
This week, Lina Khan was confirmed as a Democratic commissioner to the Federal Trade Commission in a 69-28 Senate vote. The White House subsequently confirmed that Khan would chair the agency. She will serve as the FTC’s youngest-ever commissioner and chair.
CPW previously covered Khan’s nomination, including her history as an antitrust scholar and critic
Last week the Supreme Court’s decision in Van Buren v. United States resolved a decade-long circuit split concerning the “exceeds authorized access” clause of the Computer Fraud and Abuse Act (“CFAA”). Taking up the issue of whether an individual who has legitimate access to a computer network but accesses it for an improper or
Today, the Supreme Court handed down a decision significantly narrowing the scope of the Computer Fraud and Abuse Act (“CFAA”), a federal statute that can impose both criminal and civil liability on anyone who “intentionally accesses a computer without authorization or exceeds authorized access”, in its first-ever decision addressing this law.
In a 6-3 opinion
Here at CPW, we’ve covered many decisions addressing the need for Article III standing when pleading a claim in federal court. A recent decision out of the Seventh Circuit is the latest to affirm that requirement, this time under the Fair Debt Collection Practices Act (“FDCPA”).
In Markakos v. Medicredit, Inc., No. 20-2351, 2021
Last week, the Eleventh Circuit handed down a critical ruling analyzing § 1692c(b) of the Fair Debt Collection Practices Act (“FDCPA”), finding that the subsection also applies to vendors a debt collector may use. Section 1692c(b) prevents a debt collector from communicating with any person in conjunction with the collection of a debt, with several
