Removal

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

The Seventh Circuit has declined to revisit its ruling affirming that a putative class action brought under Illinois’ Biometric Information Privacy Act (“BIPA”) should be heard in state court, rather than federal court.  In an Order denying defendant Clearview AI’s petition for rehearing en banc in Thornley v. Clearview AI, No. 20-3249, the court

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.

Defendant Seeks to Limit CCPA’s Private Right of Action and Force Massive Class Action into Binding Arbitration

Comprehensive Privacy in the US:

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.

DENIED! Court REJECTS Motion to Certify Class in Data Breach Alleging Disclosure of Employees’ Sensitive Tax Information | Consumer Privacy World

Sorry

For data privacy litigations filed in state court, one strategic option that should be considered by defense counsel is whether the case can (and should) be removed to federal court.  When a plaintiff asserts a claim under federal law, removal to federal court may be based on federal question jurisdiction.  Straightforward, right?

Well, what about