CPW has been tracking since last year the Capital One data breach multidistrict litigation (remember that privilege ruling?).  Well, today the federal judge overseeing the litigation granted Capital One’s motion to certify to the Virginia Supreme Court a question of whether there exists under Virginia state law a duty to use reasonable care

Another day, another data privacy litigation dismissed.  In this instance, the Eastern District of Louisiana rejected a plaintiff’s second attempt at pleading violations of the Fair Credit Reporting Act (“FCRA”) in Hanberry v. Chrysler Capital, No. 21-397, 2021 U.S. Dist. LEXIS 77478 at *1-*2 (E.D. La. Apr. 22, 2021).  Read on to learn more.

For those CPW readers in the healthcare data privacy space, you should absolutely check out an upcoming American Bar Association presentation on June 1 from CPW’s very own Elliot Golding.  With his co-panelists he will be covering all the MAJOR health data and privacy changes over the past 18 months.   This includes the ONC/CMS

For those who have not been following the Plaid class action unfold, we previously covered it HERE and HERE. Soon after the class actions were consolidated last year, Plaid filed a motion to dismiss Plaintiffs’ Consolidated Class Action Complaint in September, 2020. Oral arguments were held in February of this year, and the Court

CPW has been following the Clearview Illinois Biometric Information Privacy Act (“BIPA”) litigation for quite some time.  On Friday, Clearview argued to an Illinois federal judge that an injunction should not be issued precluding the company from collecting data.  This included, among other reasons, the argument that Clearview’s business operations are exempt from BIPA and

The end of last month the Sedona Conference and its Working Group 11 on Data Security and Privacy Liability (WG11) announced that The Sedona Conference Commentary on Quantifying Violations under U.S. Privacy Laws (“Commentary”) has been published for public comment.  Read on for some key takeaways.

First, for those who are not so familiar, a

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 NEWS: Second Circuit Rejects “Suggestion” of Circuit Split, Issues Landmark Data Breach Ruling | Consumer Privacy World

Curious About Florida’s Failure

On the last day of the regular session, the Florida House punted the proposed Florida Privacy Protection Act (FPPA), which would have become the third comprehensive consumer privacy bill to be enacted in the United States. Governor DeSantis had previously voiced his support of the legislation.

Among the FPPA’s requirements were:

  • Consumer rights to:
    • Opt

Readers of CPW know that Florida is one of several states considering privacy bills that would dramatically expand the privacy rights of residents.  Today in the Florida Senate the Florida Privacy Protection Act (“FPPA”) passed.  However, this was notably without the bill containing the contentious private right of action that had been criticized as turning