BIPA

11:03 am-DONE!  That’s a wrap.  Will be interesting to see how Seventh Circuit rules and if ends up punting issue by certifying question to the Illinois Supreme Court.

11:02 am-Counsel for White Castle given one minute to respond in rebuttal.  Counsel for White Castle-this court can decide this question based on Rosenbach.  Rosenbach and West

Tune in to CPW tomorrow, September 14 at 10:30 am EST for Kristin Bryan’s live blog of one of the biggest data privacy litigation events of the year–oral argument in Cothron v. White Castle, No. 20-3202 (7th Cir.).  The case presents the core issue of [w]hether, when conduct that allegedly violates BIPA is repeated,

Earlier this year we identified Cothron v. White Castle as a must-watch data privacy case this year and industry experts agree.  No. 20-3202 (7th Cir.) (For our prior coverage of the case, you can go here, here and here).  The litigation concerns application of the Illinois Biometric Information Privacy Act (“BIPA”) and

In case you missed it, below is a summary of recent posts from CPW.  Please feel free to reach out if you are interested in additional information on any of the developments covered.

Sonic Data Privacy MDL Headed to Trial? Court Denies Defendant’s Motion for Summary Judgment | Consumer Privacy World

Federal Court Holds Defendant’s

As readers of CPW already know, there are a number of open ended questions regarding litigations under BIPA that are to be decided in the near future.  One of these cases is In Re: White Castle System, Inc., No. 20-8029 (7th Cir.).  The plaintiff, Latrina Cothron, sued her employer, the fast food chain

In case you missed it, below is a summary of recent posts from CPW.  Please feel free to reach out if you are interested in additional information on any of the developments covered.

In re FDCPA Mailing Vendor Cases: The Eastern District of New York Takes On-and Cuts Off-The Explosion of Increasingly Novel Theories of

CPW previously covered a district court’s refusal to compel arbitration for litigation brought against a biometric software developer under Illinois Biometric Information Privacy Act (“BIPA”), finding that the relevant arbitration agreement did not cover the defendant.  Sosa v. Onfido, Inc., 2021 U.S. Dist. LEXIS 658 (N.D. Ill.).  Yesterday the Seventh Circuit affirmed the 

In case you missed it, below is a summary of recent posts from CPW.  Please feel free to reach out if you are interested in additional information on any of the developments covered.

Federal Court Kicks Data Privacy Class Action Against Third-Party Technology Provider in Biometric Litigation | Consumer Privacy World

Walmart CCPA Case Kicked

A federal court recently dismissed biometric litigation brought against a marketer and seller of video technology products.  Jacobs v. Hanwha Techwin Am., Inc., 2021 U.S. Dist. LEXIS 139668 (N.D. Ill. July 27, 2021).  Although at least two other prior cases had allowed similar claims against a third-party technology provider to proceed into discovery, the

In case you missed it, below is a summary of recent posts from CPW.  Please feel free to reach out if you are interested in additional information on any of the developments covered.

BREAKING:  Ohio’s Legislature Considering Passing the Ohio Personal Privacy Act with Support of Governor DeWine and Lt. Governor Husted | Consumer Privacy