Archives: Class Actions Privacy

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Standing in Uncertainty: Spokeo Three Years Later

By Ken Prabucki and Brittany Lockyer on May 21, 2019 Posted in Class Actions Privacy

In 2016, the Supreme Court issued its decision in Spokeo Inc. v. Robins, holding that even when Congress has granted parties a statutory right, a procedural violation of that right will not by itself satisfy the “concrete harm” requirement for Article III standing. The Court explained that while harm must be “concrete,” it need not … Continue Reading

2016 Class Action Year-End Review

By BakerHostetler on March 30, 2017 Posted in Advertising Class Action, Antitrust, Class Actions Privacy, Consumer Fraud, Data Breach, Employment

We are pleased to share BakerHostetler’s 2016 Class Action Year-End Review, which offers a summary of key developments in class action litigation during the past year. Class action litigation moved to the forefront of the Supreme Court’s docket in 2016 and promises to remain there in 2017, as class action doctrine continues to evolve in … Continue Reading

First Circuit Subscribes to a Minority View: Free App Users Allowed to Proceed With Privacy Class Action Under the Video Privacy Protection Act

By Xakema Henderson on June 30, 2016 Posted in Class Actions Privacy

In Yershov v. Gannett Satellite Information Network, Inc., 2016 U.S. App. LEXIS 7791 (1st Cir. Apr. 29, 2016), the First Circuit held that users of free mobile applications, or “apps,” can bring a claim against an online service provider if the provider shares with third-party data analytics companies the users’ personally identifiable information and information … Continue Reading

Concrete and Particularized Part II: What Spokeo May Mean for Class Actions

By Rand L. McClellan and Keesha N. Warmsby on May 20, 2016 Posted in Class Actions Privacy

This blog post is the second in a series of posts that Baker & Hostetler LLP is devoting to the significant decision Robins v. Spokeo, No. 13-1339, 537 U.S. ___ (2016) (Spokeo). Monday’s post focused on Spokeo’s effect on privacy class actions and big data. Today’s post focuses on the decision’s impact on class actions. … Continue Reading

Supreme Court Holds That Plaintiffs Must Allege Concrete and Particularized Injury To Have Standing To Assert FCRA Claim

By BakerHostetler on May 16, 2016 Posted in Class Actions Privacy

Today, the U.S. Supreme Court decided Robins v. Spokeo, Inc., which addressed the question of whether a plaintiff has satisfied Article III’s injury-in-fact standing requirement by alleging a statutory violation but no concrete injury. Our sister blog, the Data Privacy Monitor, provides initial coverage here. Stay tuned as we analyze this important ruling which could … Continue Reading

Sixth Circuit Affirms Certification and Summary Judgment for TCPA Class, Despite State Law Class Action Prohibition

By Judy Selby on July 14, 2014 Posted in Class Actions Privacy, Class Certification, Consumer Class Action, State Class Action Law, TCPA

On July 9, 2014, the Sixth Circuit affirmed a district court ruling that a consumer TCPA class action could proceed against Lake City Industrial Products, rejecting Lake City’s argument that Michigan law prohibited TCPA class actions. American Copper & Brass, Inc. v. Lake City Industrial Products, Inc., Case No. 13-2605, (6th Cir. 2014). In addition, … Continue Reading

Low-Tech Proof In a High-Tech World: Northern District of California Denies Class Certification In Hulu Data Privacy Case

By Matthew Feil on June 20, 2014 Posted in Class Actions Privacy, Class Certification, Rule 23 Requirements

On June 16, the Northern District of California denied a motion for class certification in In re Hulu Privacy Litigation, No. C 11-03764 LB, ECF No. 111. The plaintiffs in that action alleged that Hulu violated the Video Privacy Protection Act (“VPPA”) by disclosing personal identification information (“PII”) to third parties, including Facebook. Hulu provides … Continue Reading

Clapper Again Stymies Data Breach Class Action

By Judy Selby on May 19, 2014 Posted in Class Action Trends, Class Actions Privacy, Data Breach

Editor’s Note: This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. The U.S. Supreme Court’s decision in Clapper v. Amnesty International USA again has been relied on by a federal district court to hold that the “mere loss of data” in a data breach case does not constitute an injury sufficient to confer … Continue Reading

Data Breach Class Action Standing Post-Clapper

By Patrick T. Lewis on April 24, 2014 Posted in Class Action Trends, Class Actions Privacy, Data Breach

Our own Judy Selby has a new piece out on Law360 analyzing standing for data breach class cases after the Supreme Court’s decision in Clapper: “No Data Misuse? No Standing For Data Breach Plaintiffs.” Judy’s piece highlights the challenges that face data breach plaintiffs post-Clapper, but also points out that: The continued proliferation of data … Continue Reading

Ninth Circuit Says Cellphone Calls Do Not Have To Be Confidential To Violate the California Invasion of Privacy Act

By Matthew C. Baisley on April 3, 2014 Posted in Class Actions Privacy, Consumer Class Action

The Ninth Circuit recently issued a divided and unpublished opinion in Young v. Hilton Worldwide Inc. et al, which plaintiffs may attempt to use in class action lawsuits against call centers for violations of the California Invasion of Privacy Act (“CIPA”). We previously reported that in Faulkner v. ADT Security Services Inc., the Ninth Circuit … Continue Reading

IRS Fighting Hard to Avoid Tea Party Class Action Claims

By Jennifer Benda on February 17, 2014 Posted in Class Actions Privacy, Rule 12 Motions to Dismiss, Standing

The IRS recently filed a motion to dismiss class action claims brought by Tea Party groups. In NorCal Tea Party Patriots, et. al. v. IRS, et. al., S.D. Ohio, Case No. 1:13-cv-00341, Tea Party groups asserted that the IRS singled out their organizations when those organizations sought exemption from taxation pursuant to Section 501(c)(4) of … Continue Reading

Once Again, Clapper Defeats Data Breach Class Action

By Judy Selby on February 14, 2014 Posted in Class Actions Privacy, Class Certification, Consumer Fraud, Data Breach, Rule 12 Motions to Dismiss, Standing

Article III standing has once again proved to be an insurmountable hurdle for data breach class action plaintiffs whose personal information hasn’t been misused. In Galaria v. Nationwide Mutual Insurance Co., an Ohio federal court relied on the United States Supreme Court’s decision in Clapper v. Amnesty Intern. USA, 133 S.Ct. 1138 (2013), and held … Continue Reading

Back to Google’s Backyard: Forum and Venue Clause Enforced to Dismiss Putative Class Action

By Julian Darwall on January 15, 2014 Posted in Class Action Trends, Class Actions Privacy, Uncategorized

For most corporations, standard forum and venue “home court advantage” clauses are par for the course. For companies with an expansive reach like Google’s, they are essential. Google has long included these clauses in its standard terms of use, and courts have enforced them to dismiss potentially expensive cases at the earliest stage of litigation. The … Continue Reading

New Jersey Federal Court Applies Supreme Court’s Clapper Decision and Dismisses Data Breach Class Action

By Judy Selby on January 7, 2014 Posted in Class Actions Privacy

Relying in part on the recent United States Supreme Court’s ruling in Clapper v. Amnesty International, a federal judge in New Jersey dismissed a putative data breach class action against three healthcare entities and a vendor retained by each the entities. Bobbi Polanco v. Omnicell, Inc., Civ. No. 13-1417 (NLH/KMW) (December 26, 2013). The defendants were Sentara … Continue Reading

Wal-Mart Prevails in Credit Card Class Battle Over Practice of Collecting Addresses and Phone Numbers

By Julian Perlman on October 8, 2013 Posted in Class Actions Privacy, Consumer Class Action

Editor’s Note: This post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. In a victory for Wal-Mart Stores, Inc., a federal district court judge has refused to certify a Rule 23(b)(3) class in a lawsuit for violation of California’s Song-Beverly Credit Card Act (Cal. Civ. Code § 1747 et seq., available here. Plaintiff … Continue Reading

Opening the Flood Gates? California Voters May Create Presumption of Harm in Privacy Breach Cases

By Julian Perlman on September 30, 2013 Posted in Class Actions Privacy, Data Breach

California has moved one step closer towards amending its Constitution to create a presumption of harm whenever personal data is shared without a consumer’s express opt-in, a change that would clear a significant hurdle to many privacy breach lawsuits. On Thursday, California Secretary of State Debra Bowen approved steps necessary to bring the Personal Privacy … Continue Reading

District Court rejects supervisor liability for state employee’s motor vehicle record data breach

By Matthew J. Moody on September 23, 2013 Posted in Class Actions Privacy, Data Breach

Co-authored by: Sammatha Clegg Editor’s Note: This post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. In a recent decision, the Federal District Court of Minnesota found that state agencies were not liable in a data breach class action suit involving a rogue employee’s unauthorized viewing of personal information in drivers license records. Kiminiski v. … Continue Reading

Class Action Plaintiffs Lack Standing under Clapper to Sue Barnes & Noble for Credit Card Data Breach

By Judy Selby on September 6, 2013 Posted in Class Actions Privacy, Data Breach

Relying heavily on the Supreme Court’s recent Clapper decision, a federal court dismissed a class action lawsuit arising out of a “skimming” data breach against Barnes & Noble (BN). In re Barnes & Noble Pin Pad Litigation, Case # 12-cv-8617 (N.D.Ill. Sept. 3, 2013) The plaintiffs filed suit against BN following its disclosure that “skimmers” potentially stole … Continue Reading

Seventh Circuit Denies 26(f) Relief Allowing A Potentially Massive Privacy Class to Proceed to Trial in Harris v. comScore

By Judy Selby on June 12, 2013 Posted in Class Actions Privacy

This is a joint submission with BakerHostetler’s Data Privacy Monitor blog. As reported here in April, an Illinois federal district court certified a privacy class that could number tens of millions of plaintiffs in the case of Harris v. comScore. The plaintiffs claimed that comScore, an online data research company, violated the Stored Communications Act, … Continue Reading

Illinois Supreme Court Finds Insurance Coverage for TCPA Claims under Traditional Liability Policies

By Judy Selby on June 3, 2013 Posted in Class Actions Privacy

This post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. The Illinois Supreme Court held on May 23, 2013, that claims based on alleged violation of the Telephone Consumer Protection Action (TCPA) are covered under traditional general liability policies. Standard Mut. Ins. Co. v. Lay, 2013 IL 114617 (Ill. 2013). In so ruling, the Court … Continue Reading

Hannaford vs. comScore – Up and Down Results for Privacy Class Action Defendants

By Judy Selby on April 8, 2013 Posted in Class Actions Privacy, Uncategorized

Editor’s Note: This is a cross-blog post with BakerHostetler’s Data Privacy Monitor blog. For the latest news and updates regarding privacy and data protection, visit www.DataPrivacyMonitor.com. Sighs of relief by class actions defendants following the denial of class certification in Hannaford may give way to renewed uncertainty now that a massive class, estimated by the plaintiffs’ lawyer to be more than … Continue Reading

Court Denies Motion for Class Certification in Hannaford

By Erica Gann Kitaev on April 4, 2013 Posted in Class Actions Privacy

Editor’s Note: This is a cross-blog post with BakerHostetler’s Data Privacy Monitor blog. For the latest news and updates regarding privacy and data protection, visit www.DataPrivacyMonitor.com. In an order surely to reverberate with both the plaintiffs’ and defense bar, on March 20, 2013, Judge D. Brock Hornby of the United States District Court for the District of … Continue Reading