Class Action

For the past two years session replay software litigation claims have been brought in federal courts and state courts across the country, with particular focus on Florida and more recently California.

By way of reference, session replay software captures certain aspects of a user’s interactions on web applications (mouse movements, clicks, typing, etc.) along with

CPW’s Kristin Bryan, a 2022 Law360 Privacy & Cybersecurity MVP as well as a featured subject matter expert for LexisNexis, Jesse Taylor and Shing Tse teamed up to co-author a chapter of the Lexis Practical Guidance titled “Privacy, Cybersecurity and Data Breach Litigation: Key Laws and Considerations. In this practice

This week a federal judge in Illinois granted final approval to a $92 million settlement to resolve TikTok privacy multidistrict litigation.  In Re: Tiktok, Inc., Consumer Privacy Litigation (Case: 1:20-cv-04699).  This case is notable for both its large class size and resolution of two dozen privacy litigations which had been previously filed against TikTok and

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.

VIXIO Regulatory Intelligence Quoted CPW’s Kristin Bryan in Recent Article on FTC and CFPB Data Protection and Privacy Legislation

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.

JPML Declines to Create MDL for Data Breach Cases

CPW’s Kyle Fath and Gicel Tomimbang to Speak at IAPP

This week the Judicial Panel on Multidistrict Litigation (“JPML”) declined to create a multidistrict litigation (“MDL”) from competing class action lawsuits stemming from the same data incident.  Read on to learn more about this particular decision and how it relates to CPW’s prior analysis of other data incident litigation.

Continue Reading JPML Declines to Create MDL for Data Breach Cases

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.

No Injury = No Article III Standing in Data Breach Class Action

Jury Finds Credit Reporting Agency Was “Reasonable”

One of today’s most pressing topics in Illinois Biometric Information Privacy Act (“BIPA”) class action litigation is the Illinois Supreme Court’s much-anticipated opinion in Cothron v. White Castle Sys. (covered extensively by SPB team member Kristin Bryan in CPW articles here, here, here, and here, and discussed in SPB’s 2022 Q2

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