CPW’s Kristin Bryan was recently interviewed by the UK outlet Vixio regarding recent developments in U.S. data privacy and data breach litigation.  As she explains, “there are emerging technologies and practices that will continue to test the limits of preestablished data privacy laws, including in the context of data breaches.”  She predicts that data privacy

In its latest filing in Thornley v. Clearview AI, No. 20-3249, defendant Clearview AI petitioned the Seventh Circuit to stay the issuance of its mandate in the litigation because it plans to file a petition for writ of certiorari with the Supreme Court.  The Seventh Circuit has not yet issued its mandate following its

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

CPW recently covered Tsao v. Captiva MVP Rest. Partners, LLC where the Eleventh Circuit aligned itself with others that “declined to find standing on an ‘elevated risk of identity theft’ theory where the plaintiffs failed to allege any actual misuse of class members’ personal information.”  Well, Tsao is already having a significant impact on data

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.

Walmart CCPA Class Action Litigation Update: Will Plaintiff’s Claims Get Kicked by Court? | Consumer Privacy World

BIG NEWS: The Eleventh Circuit

The Fair Debt Collection Practices Act (“FDCPA”) is a significant piece of legislation.  It has regulated “debt collectors,” as defined by statute, for over 40 years.  Recently, the Consumer Financial Protection Bureau issued a new rule implementing the statute’s enforcement (for CPW’s prior coverage, check out here and here).  Despite these significant developments, however,

Readers of CPW are likely already aware of a long-running Court of Appeals split regarding what injuries in the data breach context suffice for purposes of Article III standing.  Well, in a decision out just last week the Eleventh Circuit decided to weigh in, coming out decisively on the side of defendants in data breach

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:

Several weeks ago, ConsumerPrivacyWorld reported that the Seventh Circuit had affirmed a district court decision to remand a putative class action brought under Illinois’ Biometric Information Privacy Act (“BIPA”) to Illinois state court.  In Thornley v. Clearview AI, No. 20-3249, 2021 U.S. App. LEXIS 1006 (7th Cir. Jan. 14, 2021), the Seventh Circuit found

While many federal courts have weighed in on the issue of what suffices for Article III standing in the context of a data breach litigation, not all state courts have.  Last week, the Superior Court of Delaware found that a group of plaintiffs who received a notice that their personal information had been potentially compromised