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Daniel Lonergan

With the first quarter of 2022 at a close, litigation involving the collection and protection of biometric data has taken off to a hot start, setting a fervent pace that could mean big things for data privacy litigation for 2022 (with crossover impact on data breach and cybersecurity litigations, as outlined below).  Read on to

The end of last month the T-Mobile MDL, In re: T-Mobile Customer Data Security Breach Litigation, MDL No. 3019, had its first hearing before the Western District of Missouri.  The parties tended to a number of preliminary matters that will set the stage for one of the must-watch data privacy litigations in 2022.  Read

2021 was another record setting year for biometric litigation, with class action plaintiffs bringing new AI-based consumer privacy claims and a continuing trend of employment-based disputes.  Read on for CPW’s highlights of the year’s most significant events concerning biometric litigation, as well as our predictions for what 2022 may bring.

Overview of 2021 BIPA Litigations:

CPW covered the Colonial Pipeline cyberattack earlier this year, in which a ransomware attack carried out by cybercriminals crippled the Colonial Pipeline’s functionality.  The Pipeline was taken offline as a remedial measure, causing significant gasoline shortages across the Eastern United States (as a reminder, the Colonial Pipeline supplies the east coast of the United States

Last month, a federal court addressed the kind of harms that need to be included in a plaintiff’s complaint asserting claims under the Fair Credit Reporting Act (“FCRA”) and Fair Debt Collection Practices Act (“FDCPA”) to survive a motion to dismiss.  Magruder v. Capital One, Nat’l Ass’n, 2021 U.S. Dist. LEXIS 94804 (D.D.C. May

A federal court recently paused a litigation brought under Illinois’s Biometric Information Privacy Act (“BIPA”), pending the outcome of several other cases which could be dispositive.  Herron v. Gold Standard Baking, Inc., 2021 U.S. Dist. LEXIS 69336 (N.D. Ill.).  Read on for a recap of issues on the horizon for this frequently litigated data

A federal court recently refused to apply the economic loss rule to limit claims brought against a fast-food chain in the wake of a massive data breach.  This case serves as a useful reminder of the variety of claims (and defenses) that can come up in data privacy litigation.  In re Sonic Corp. Customer Data