Frequent readers of CPW will recall our coverage of the Clearview MDL currently pending in the Northern District of Illinois. Plaintiffs, seeking to represent a class of Illinois residents, have filed a class action lawsuit claiming that the defendant, Clearview AI, Inc. has collected the biometric information of Illinois residents and sold that information in
Long-time readers of CPW will recall that we’ve previously covered In re Blackbaud, a data privacy multi-district litigation (“MDL”) currently pending in the District of South Carolina. The defendant in the MDL is a cloud software company that suffered multiple ransomware attacks and data breaches between February and May 2020. The plaintiffs are individuals
In Hood v. Action Logistix, LLC, 2021 U.S. Dist. LEXIS 569974, the Eastern District of Missouri considered everyone’s favorite FCRA issue: standing for procedural violations! The plaintiff applied for a job with defendant, which ran a background check on the plaintiff after extending a tentative offer of employment. Following receipt of the background check,
The Northern District of California recently approved Yahoo’s $117.5 million settlement of a class action involving a series of data breaches. One plaintiff objected to the settlement on the ground that the vendor chosen to provide data monitoring under the settlement, AllClear ID, had over a hundred prior complaints against it related to services provided
In Wesch v. Yodlee, Inc., 20-cv-05991 (N.D. Cal.) individual consumer plaintiffs brought a putative class action against defendants Yodlee, Inc. and its parent company Envestnet, Inc. Yodlee provides software to financial institutions to facilitate online transactions. Plaintiffs accuse defendants of secretly collecting and retaining their user information without their consent, and selling that information
Readers of CPW are likely already aware of a long-running Court of Appeals split regarding what injuries in the data breach context suffice for purposes of Article III standing. Well, in a decision out just last week the Eleventh Circuit decided to weigh in, coming out decisively on the side of defendants in data breach
In Reilly v. Vivint Solar, 2021 U.S. Dist. LEXIS 14088, the District of New Jersey tackled a gray area under the FCRA: what does it mean for a user of consumer credit information to have a “reasonable belief” that its actions are permissible?
The core of this case is whether the defendant and its
The Western District of Texas recently considered an issue that’s led multiple circuits in different—and contradictory—directions: does the Fair Credit Reporting Act waive the United States’ sovereign immunity? The plaintiff in Thurston v. Equifax Info. Servs., 2020 U.S. Dist. LEXIS 203511, argued just that.
The plaintiff in this dispute held an account with the
The latest entry in a nearly decade-long dispute between a plaintiff and his former employer and manager, Mattiaccio v. DHA Grp., Inc., 2020 U.S. Dist. LEXIS 129464 (D.D.C. July 21, 2020) is an in-depth analysis of standing under the FCRA in the face of unclear pleading by a pro se litigant.
The Mattiaccio plaintiff
In Ostreicher v. TransUnion, LLC, 2020 U.S. Dist. LEXIS 109279 (S.D.N.Y.), the plaintiff filed suit in federal court claiming that a variety of defendants, including a credit reporting agency (“CRA”) and various furnishers, inaccurately reported certain information. One of the furnishers moved to compel arbitration based on the cardmember agreement governing the relationship between