Article III

Welcome to the 2022 Q2 edition of the SPB Artificial Intelligence & Biometric Privacy Quarterly Review Newsletter, your go-to source for keeping you in the know on all recent major artificial intelligence (“AI”) and biometric privacy developments that have taken place over the course of the last three months. We invite you to share this resource with your colleagues and visit Squire Patton Boggs’ Data Privacy, Cybersecurity & Digital Assets and Privacy & Data Breach Litigation homepages for more information about our capabilities and team. 


Q2 did not disappoint in the AI and biometric privacy space, with a number of noteworthy litigation, legislative, and regulatory developments having taken place in these two rapidly developing areas of law. Read on to see what has transpired over the last quarter and what you should keep your eyes on as we head into the second half of 2022.Continue Reading SPB 2022 Q2 Artificial Intelligence & Biometric Privacy Quarterly Review Newsletter

Last week, a California federal court held that a plaintiff lacked Article III standing to bring a putative class action in federal court for violations of the Fair and Accurate Credit Transactions Act (“FACTA”) amendments to the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et. seq. As a result, the case was remanded back to the California state court where the plaintiff chose to file his complaint.

In Kamel v. Hibbett, Inc.No. 8:22-cv-01096-RGK-E, 2022 U.S. Dist. LEXIS 130753 (C.D. Cal. July 22, 2022), the plaintiff alleged that he made a purchase with his credit card at one of the defendants’ stores and received a receipt which contained ten digits of his credit card number. Continue Reading California Federal Court Grants Plaintiff’s Motion to Remand FACTA Class Action to State Court

In a record-setting proposed settlement filed last week, T-Mobile has agreed to pay $350 million and boost its data security by $150 million over the next two years to resolve multidistrict litigation brought by T-Mobile customers whose data was allegedly exposed in a 2021 data breach.  Read on for the terms of the settlement, which may serve as a model in other high stakes data security cases going forward.

Recall that in August 2021, T-Mobile disclosed that it had been the victim of a cyberattack that resulted in the compromise of some current, former and prospective customers’ SSN, name, address, date of birth and driver’s license/ID information the “Data Event”).  By T-Mobile’s account, no “customer financial information, credit card information, debit or other payment information” was exposed in the attack.  Nevertheless, over 40 putative class action claims were filed seeking damages for the improper disclosure of Plaintiffs’ personal information.  In December 2021, the Judicial Panel on Multidistrict Litigation transferred and centralized the putative class actions into the MDL standing before the Western District of Missouri.Continue Reading T-Mobile Agrees in MDL to Record Setting $350 Million Data Breach Settlement to Resolve CCPA and Other Privacy Claims

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Online Safety in Digital Markets Needs a Joined Up Approach with Competition Law in the UK

China’s Didi Fined

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Federal Court Dismisses Colonial Pipeline Cybersecurity Litigation

Federal Court Refuses to Dismiss Biometric Claims Brought by Trucker Against Facial

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

FTC Emphasizes Commitment to Protection of Highly Sensitive Data

Federal and State Actions to Protect Robocall Invasion of Consumer

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

CPW’s Stephanie Faber Speaks at French Association of Personal Data Protection Correspondents Annual Meeting

Future Uncertain for the American

Recently, a federal court in California held that the loss of stored data, without more, is insufficient to establish Article III standing to withstand a motion to dismiss.  In so doing, the court joined a number of other courts in holding that allegations of speculative harm devoid of allegations that personal information was stolen or

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

CPW’s Kristin Bryan and Shea Leitch Quoted in GDR re National Privacy Legislation | Consumer Privacy World

Fourth Circuit

This week Plaintiffs in thirteen consolidated cases brought against Accellion and other defendants filed a motion for preliminary approval of a class action settlement in California federal court.  This development is notable for its resolution (if approved) only as to Accellion and for the categories of relief offered to class members.  In re Accellion, Inc.