Mealey's Data Privacy

  • July 27, 2021

    Dismissal With Prejudice Stipulated In Fiduciary Duty Suit Over Theft From 401(k)

    CHICAGO — A retiree whose identity was stolen and used to withdraw a large amount from her 401(k) retirement account entered into a joint stipulation of dismissal with prejudice with plan fiduciaries on July 12 after a federal judge in Illinois dismissed her case for a second time but granted her another chance to amend her complaint.

  • July 22, 2021

    Yahoo, Data Breach Class Call Settlement Objectors’ 9th Circuit Appeals Meritless

    SAN FRANCISCO — In a pair of answering briefs filed July 8, Yahoo! Inc. and the lead plaintiffs in a consolidated class action over a series of data breaches the tech firm experienced tell the Ninth Circuit U.S. Court of Appeals that the appeals filed by two objectors to a $117.5 million settlement of the underlying suit failed to raise any arguments of substance and are merely attempts to profit financially from the settlement by serial objectors.

  • July 22, 2021

    Credit Union’s Suit Over Hy-Vee Data Breach Dismissed For Lack Of Jurisdiction

    MINNEAPOLIS — A supermarket chain that was the victim of a data breach succeeded in its second attempt to dismiss a credit union’s negligence class claims against it on July 19, when a Minnesota federal judge found that Minnesota could not exercise jurisdiction over the two Iowa – based companies.

  • July 22, 2021

    5th Circuit Reverses, Remands No Coverage Ruling Of Alleged Data Breach

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on July 21 reversed a lower federal court’s finding that a commercial general liability insurer has no duty to defend against an underlying lawsuit seeking to recover damages purportedly caused by a data breach of the insured’s credit card processing system, finding that the underlying alleged injuries trigger coverage under the policy because they arise from violations of customers’ rights to keep their credit card information private.

  • July 22, 2021

    Final Approval Granted In Class Action Over Supermarket Chain’s Data Breach

    PEORIA, Ill. — Six months after an Illinois federal judge preliminarily approved a settlement between a supermarket chain that was the victim of a 2018/2019 data breach and a group of its customers, the judge on July 21 granted the plaintiffs’ motion for final approval of the settlement, which, among other things, provides reimbursement for customers’ costs associated with the breach and requires the retail chain to spend at least $20 million in data security improvements.

  • July 21, 2021

    Federal Judge Dismisses Privacy, FCRA Class Claims Against Retail Solutions Firm

    SANTA ANA, Calif. — A group of retail customers who purportedly had retail “risk score” reports compiled about them by a data vendor of several major retailers did not sufficiently allege invasion of privacy, Fair Credit Reporting Act (FCRA) or defamation class claims against the firm, a California federal judge ruled July 16, finding that the plaintiffs did not plead necessary specificity or falsehood, among other things.

  • July 20, 2021

    Kids’ Privacy Suit Against YouTube, Google Again Deemed Preempted By COPPA

    SAN JOSE, Calif. — Six months after she dismissed a putative class action over the purported collection of children’s personally identifiable information (PII) by YouTube LLC and Google LLC, a California federal judge on July 1 granted dismissal of an amended complaint, finding, as in the previous ruling, the minor plaintiffs’ claims to be preempted by the Children’s Online Privacy Protection Act (COPPA.)

  • July 19, 2021

    9th Circuit Appeal Of $650 Million Facebook Biometric Settlement May Proceed

    SAN FRANCISCO — The named plaintiffs in a privacy lawsuit over Facebook Inc.’s “Tag Suggestions” feature saw their attempt to dispose of an appeal of the $650 million settlement of the consolidated class action fail on July 14, when a Ninth Circuit U.S. Court of Appeals panel denied their motion to summarily affirm a trial court’s approval of the settlement.

  • July 14, 2021

    Florida Couple Files Class Suit Against Amazon Over Internet Share Devices

    SEATTLE — Amazon is building a national wireless network via its devices equipped with technology to share the internet but is doing it in a way that forces consumers to pay for the service and places their data at risk, all in violation of Washington state law, a Florida couple alleges in their class complaint filed July 8 in a federal court in Washington.

  • July 13, 2021

    Class Suit Accuses Volkswagen, Audi Of Failing To Safeguard Buyers’ Personal Data

    NEWARK, N.J. — A class complaint filed July 8 in a New Jersey federal court accuses two car makers and a marketing company of failing to protect the personal information of more than 3 million buyers and prospective buyers from a data breach.

  • July 12, 2021

    Motion To Quash Third-Party Subpoena Stayed In Marriott Data Breach Suit

    CHICAGO — In a July 7 paperless order, the Maryland federal judge presiding over the consolidated class action over a massive data breach experienced by Marriott International Inc. stayed the resolution of the consumer plaintiffs’ motion to quash Marriott’s third-party discovery subpoena on a nonparty forensics firm pending resolution of the subpoena target’s own motion to quash in Illinois federal court.

  • July 07, 2021

    Supreme Court Reverses, Remands Another Donor Information List Ruling

    WASHINGTON, D.C. — One day after issuing a ruling in Americans for Prosperity Foundation v. Rob Bonta, No. 19-255, U.S. Sup., in which it deemed a California requirement that nonprofits submit lists of donors to the state to be in violation of the right to freedom of association under the First Amendment to the U.S. Constitution, the U.S. Supreme Court on July 2 granted certiorari in the similar case also challenging the constitutionality of the requirement, vacating a judgment of the Ninth Circuit U.S. Court of Appeals in favor of California’s attorney general (AG) and remanding for further consideration.

  • July 02, 2021

    Officials, Group Argue Against High Court Review Of Law Impacting Union Activity

    WASHINGTON, D.C. — Washington state officials and Campaign to Prevent Fraud and Protect Seniors filed separate briefs on July 1 in the U.S. Supreme Court opposing a petition for a writ of certiorari challenging the constitutionality of a state law meant to protect the elderly from financial crimes that contains a provision that prevents unions interested in representing public-sector employees from being able to communicate with those who serve the elderly.

  • July 01, 2021

    California Donor List Demand Deemed Unconstitutional By Divided Supreme Court

    WASHINGTON, D.C. — Reversing a Ninth Circuit U.S. Court of Appeals ruling, the U.S. Supreme Court on July 1 delivered a divided ruling, including a dissent and two concurring opinions, in which it struck down as unconstitutional a California requirement that nonprofits submit lists of donors to the state, with the majority finding that such compelled disclosure violated the right to freedom of association under the First Amendment to the U.S. Constitution because the requirement was not “narrowly tailored.”

  • July 01, 2021

    Employee’s Biometric Data Class Suit Stayed Pending 3 Decisions

    EAST ST. LOUIS, Ill. — A federal judge in Illinois on June 29 partially granted a motion to stay a putative class complaint accusing a senior living provider of violating the Illinois Biometric Information Privacy Act (BIPA) by collecting and storing employees’ data without proper notices or consent, finding that the rulings in two states cases and one federal case will likely impact this one.

  • June 28, 2021

    Supreme Court Rebuffs 4th Amendment Suit Over Border Searches Of Devices

    WASHINGTON, D.C. — The U.S. Supreme Court in its June 28 order list denied certiorari to a group of individuals who claimed that warrantless border searches of their electronic devices violated their rights under the Fourth Amendment to the U.S. Constitution.

  • June 24, 2021

    Panel Affirms Judgment In Yahoo Coverage Dispute Over Email Scanning Suits

    PASADENA, Calif. —The Ninth Circuit U.S. Court of Appeals held June 23 that a commercial general liability insurer’s arguments for overturning a jury's $618,380 attorney fee award in favor of Yahoo “are unavailing,” also rejecting Yahoo’s cross-appeal in the parties’ data privacy coverage dispute.

  • June 24, 2021

    Objectors’ Appeals Of Yahoo Data Breach Settlement To Proceed In 9th Circuit

    SAN FRANCISCO — The named plaintiffs in a consolidated class action over a series of data breaches experienced by Yahoo! Inc. failed in their quest to dispose of two appeals of a $117.5 million settlement of the suit, with a Ninth Circuit U.S. Court of Appeals panel on June 8 denying motion to summarily affirm and dismiss the appeals.

  • June 24, 2021

    Class Complaint Over Fertility Clinics’ Data Breach Dismissed

    PHILADELPHIA — A Pennsylvania federal judge on June 22 found that a patient who sued a chain of fertility clinics over a 2020 data breach did not sufficiently allege an injury in fact, leading the judge to dismiss his putative class complaint for lack of standing.

  • June 24, 2021

    Amazon Denies Privacy, Wiretap Claims Over Alexa Recordings Of Minors

    SEATTLE — On remand to Washington federal court after the Ninth Circuit U.S. Court of Appeals ruled that it could not compel arbitration from the minor plaintiffs, Amazon.com Inc. filed an answer on June 18, denying putative class claims that its Alexa digital assistant devices improperly recorded minors’ voices without consent in violation of several states’ laws.