Rounding out 2020 a federal court right before Christmas squelched a significant litigation concerning alleged violations of children’s privacy rights brought against the operator of a video sharing platform and channel operators (including Cartoon Network, Inc., DreamWorks Animation LLC, Hasbro Studios LLC, and Mattel, Inc., among others). Hubbard, 2020 U.S. Dist. LEXIS 239936 (N.D.
This week the Judicial Panel on Multidistrict Litigation (“JPML”) ordered the creation of two massive data privacy multidistrict litigations (“MDLs”), in a move that will have significant impact on the data privacy litigation landscape in 2021. The litigations, concerning claims brought against Clearview AI and Blackbaud Inc., are now headed to federal courts in Illinois
Back in August, CPW reported on a developing issue in the consumer privacy space – one of the “big three” consumer reporting agencies (“CRAs”) was sued for using “matching technology” against the “Specially Designated Nationals” list maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control, and similar “terrorist watch lists,” on
It is becoming a common trend in litigation involving the Illinois Biometric Information Privacy Act (“BIPA”) – an employee files suit, alleging that their employer failed to provide notice, obtain informed consent, and publish data retention policies in regards to the collection of their biometric information, as required under the statute. The dispute in Sherman
As most of you already know, the Illinois Biometric Information Privacy Act (“BIPA”) regulates the storage and sale of biometric data. Following a New York Times expose earlier in the year, ten lawsuits were filed against Clearview AI which alleged, among other things, that Clearview’s practices violated BIPA. Why? Well, according to complaints filed in
A new opinion from the Fifth Circuit found that an incomplete credit report can still be “accurate” under § 1681e(b) – even where the credit report omits a favorable item from a consumer’s credit report that could be germane to the consumer’s credit history. Although plaintiff had argued that, in deleting a favorable credit item,
A recent decision from the Western District of Kentucky wound its way through a maze of permissible purposes and reasonable beliefs, with a detour into defamation claims, ultimately striking half of plaintiff’s claims. In Durbin v. Americredit Fin. Servs., No. 1:19-CV-00184-GNS, 2020 U.S. Dist. LEXIS 101554 (W.D. Ky. June 9, 2020), the court found
Hotly contested facts in a recent case from New Jersey gave rise to some new questions about whether a company could have had a permissible purpose under the FCRA for a credit report pull if the consumer’s written consent for the pull was (allegedly) forged. While the court ultimately sent those questions to the jury,