It is becoming a common trend in litigation involving the Illinois Biometric Information Privacy Act (“BIPA”) – an employee files suit, alleging that their employer failed to provide notice, obtain informed consent, and publish data retention policies in regards to the collection of their biometric information, as required under the statute. The dispute in Sherman
As readers of CPW already know, in a development that will bring dramatic changes to the California data privacy realm, on November 3, 2020, a majority of Californians voted to approve a new ballot initiative – Proposition 24, or the “California Privacy Rights Act of 2020” (“CPRA”). You can read the fantastic analysis prepared by
In 2019, the health care sector was the most frequent target of cybercriminals. This trend has persisted in 2020. As CPW’s Kristin Bryan covered, in response to this growing threat, the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Agency, the Federal Bureau of Investigation and U.S. Department of Health and Human Services issued a
The Eleventh Circuit recently took a huge bite out of consumers’ ability to bring class actions. In Muransky v. Godiva Chocolatier, Inc., 2020 U.S. App. LEXIS 33995 (11th Cir. Oct. 28, 2020) (en banc), the court uprooted the circuit’s plaintiff-friendly view of standing and forcefully held that consumers can’t sue for technical statutory violations.
The Illinois Biometric Information Privacy Act (“BIPA”) went into effect in 2008 and since then has been heavily litigated in state and federal court. Since its inception, there has been an emerging divide between state and federal courts regarding when a plaintiff has standing to pursue claims for alleged violations of BIPA. Generally, state courts
As CPW readers know, when a furnisher of credit information receives notice from a credit reporting agency (CRA) that a consumer has disputed the accuracy or completeness of information that the furnisher provided, the furnisher must investigate the dispute, review all relevant information it received from the CRA, and report the investigative results to the
Data privacy and cybersecurity issues continue to be top of mind, as this week the U.S. Senate unanimously passed the Internet of Things (“IoT”) Cybersecurity Improvement Act (H.R. 1668), introduced by Congresswoman Robin Kelly (D-Illinois). In September, the House had passed the bill by voice vote after negotiation sessions with the Senate. The legislation