The Illinois Biometric Information Privacy Act (“BIPA”) provides a cause of action to a person who believes their biometric information is obtained or disclosed without an individual’s consent. In Gutierrez v. Wemagine.ai LLP, 2022 U.S. Dist. LEXIS 14831, the plaintiff brought a putative class action on the part of users of an app created
2021 was another year of high activity in the realm of data event and cybersecurity litigations with several noteworthy developments. CPW has been tracking these cases throughout the year. Read on for key trends and what to expect going into the 2022.
Recap of Data Breach and Cybersecurity Litigations in 2020
2021 heralded several developments
In re Mednax Services, MDL No. 2994, is an MDL (multidistrict litigation) pending in the Southern District of Florida, currently in its early stages. 2021 U.S. Dist. LEXIS 195342, *8-9 (S.D. Fla. Oct. 9, 2021). In a striking move late last week, a federal court ordered a stay of the proceedings pending resolution of
In June, we discussed a putative class action filed in the Eastern District of Pennsylvania concerning a data breach involving COVID-contact tracing data. Following the Plaintiff’s filing of an amended complaint, the remaining Defendant has now moved to dismiss on both standing and substantive grounds. Read on below.
To recap the alleged facts underlying this
In recent years, Fair Debt Collection Practices Act (“FDCPA”) litigation has exploded—and particularly so in the Eastern District of New York, one of the busiest FDCPA dockets in America. Increasingly, the theories of liability in many FDCPA cases have become increasingly attenuated, and focused primarily on the recovery of fees for plaintiffs’ counsel rather than
The Eastern District of California recently approved a $1.375 million settlement between a certified class of former employee plaintiffs and an employer defendant. The class consisted of all individuals who worked for the defendant between March 30, 2013 and May 1, 2018. The defendant was alleged to have misused FCRA consent forms to improperly run
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