Mealey's Data Privacy

  • March 02, 2020

    Facebook, Plaintiffs Argue Over Custodians, Discovery Timeliness In Privacy Suit

    SAN FRANCISCO — In respective case management statements filed in California federal court on Feb. 27, Facebook Inc. and a putative class suing it over the Cambridge Analytica data-sharing incident blame each other for delays in the discovery process, arguing about such matters as search terms, depositions and the appropriate number of custodians (In re Facebook Inc., Consumer Privacy User Profile Litigation, No. 3:18-md-02843, N.D. Calif.).

  • March 02, 2020

    Settlements Reached With Viacom, Others In Children’s Game App Privacy Lawsuits

    SAN FRANCISCO — In a pair of notices filed in California federal court on Feb. 27, the plaintiffs in three consolidated suits brought under the Children’s Online Privacy Protection Act (COPPA) related to children’s game apps, announced that settlements had been reached between the plaintiffs, ViacomCBS Inc. and two companies involved in the games’ development (Amanda Rushing, et al. v. The Walt Disney Company, et al., No. 3:17-cv-04419, N.D. Calif.; Amanda Rushing, et al. v. ViacomCBS Inc., et al., No. 3:17-cv-04492, N.D. Calif.; Michael McDonald, et al. v. Kiloo ApS, et al., No. 3:17-cv-04344, N.D. Calif.).

  • February 27, 2020

    MGM Resorts Hit With Negligence Class Complaint Over 2019 Data Breach

    LAS VEGAS — Days after MGM Resorts International confirmed that it had experienced a data breach months earlier, a California man filed a putative class action against the resort in Nevada federal court on Feb. 21, alleging negligence and unjust enrichment for MGM’s “failure to implement adequate and reasonable cyber-security procedures and protocols necessary to protect” customers’ personally identifiable information (PII) (John Smallman v. MGM Resorts International, No. 2:20-cv-00376, D. Nev.).

  • February 27, 2020

    Biometric Data Collection Class Claims Against Medical Tech Firm Dismissed

    CHICAGO — A hospital worker failed to plead that the manufacturer of a medication-dispensing system that utilizes employees’ fingerprints for identification purposes collected or disclosed biometric data in violation of the Illinois Biometric Information Protection Act (BIPA), a Chicago federal judge ruled Feb. 24, granting the firm’s motion to dismiss the worker’s putative class claims (Corey Heard v. Becton, Dickinson & Co., No. 1:19-cv-04158, N.D. Ill., 2020 U.S. Dist. LEXIS 31249).

  • February 27, 2020

    Cryptocurrency Investor’s AT&T Phone Hack Suit Again Trimmed By Judge

    LOS ANGELES — Seven months after a California federal judge partly dismissed a well-known cryptocurrency investor’s negligence suit against AT&T Mobility LLC over phone hacking incidents that he says led to the theft of $24 million in digital currency, the same judge on Feb. 24 partly granted the cellular carrier’s renewed dismissal motion, while finding that some of the earlier pleading deficiencies had been cured (Michael Terpin v. AT&T Mobility LLC, et al., No. 2:18-cv-06975, C.D. Calif., 2020 U.S. Dist. LEXIS 31742).

  • February 26, 2020

    Google’s Educational Service Collects Students’ Data, New Mexico Claims

    ALBUQUERQUE, N.M. — A suite of educational services offered free-of-charge by Google LLC to schools comes with “a very real cost,” New Mexico alleges in a complaint filed Feb. 20 in New Mexico federal court, claiming that the tech giant has been collecting children’s personally identifiable information (PII) in violation of the Children’s Online Privacy Protection Act (COPPA), as well as state and common law (New Mexico, et al. v. Google LLC, No. 1:20-cv-00143, D. N.M.).

  • February 25, 2020

    Most Bellwether Claims In Marriott Data Breach MDL Survive Dismissal

    GREENBELT, Md. — A motion by Marriott International Inc. to dismiss 10 bellwether class claims in a multidistrict litigation against it over a massive data breach it experienced was largely unsuccessful, with a Maryland federal judge denying dismissal of nine of those claims on Feb. 21, finding that the plaintiffs adequately established jurisdiction and alleged their claims and injuries from the incident (In re:  Marriott International Inc. Customer Data Security Breach Litigation, No. 8:19-md-02879, D. Md., 2020 U.S. Dist. LEXIS 30435).

  • February 25, 2020

    Judge Transfers Suit Accusing Equifax Of Selling Data After Refinancing Home

    PHILADELPHIA — A federal judge in Pennsylvania on Feb. 21 transferred a lawsuit accusing Equifax Inc. and its affiliates of violating the Fair Credit Reporting Act (FCRA) of illegally selling information to mortgage brokers who made phone calls to plaintiffs’ Florida home after they began refinancing the loan on a home they own in Delaware, finding that litigating the suit in the U.S. District Court for the Northern District of Georgia would enhance judicial efficiency (Harold Berk v. Equifax Inc., et al., No. 19-4629, E.D. Pa., 2020 U.S. Dist. LEXIS 29714).

  • February 21, 2020

    11th Circuit Sends Data-Sharing DIRECTV Class Claim To Arbitration

    ATLANTA — Reversing and remanding the denial of DIRECTV LLC’s motion to compel arbitration of a putative privacy class claim against it, an 11th Circuit U.S. Court of Appeals panel on Feb. 19 found that the scope of an arbitration provision within a plaintiff’s customer agreement covered a claim that the satellite television carrier violated federal law by sharing customer data with an expert witness in the course of litigating a Telephone Consumer Protection Act (TCPA) lawsuit (Sebastian Cordoba, et al. v. DIRECTV LLC, No. 18-14832, 11th Cir., 2020 U.S. App. LEXIS 5024).

  • February 20, 2020

    Fair Credit Reporting Act Suit Over Tesla, Experian ‘Mosaic Score’ Use Dismissed

    SAN FRANCISCO — A Tesla Inc. customer did not sufficiently establish that a report about him that Experian Information Systems Inc. provided to the automaker was a “consumer report” that was used for an impermissible purpose under the Fair Credit Reporting Act (FCRA), a California federal judge ruled Feb. 19, granting the defendants’ motions to dismiss (Wayne Skiles v. Tesla Inc., et al., No. 3:17-cv-05434, N.D. Calif.).

  • February 20, 2020

    Motel 6 Guest List Settlement Granted Approval Over Attorney General’s Protests

    PHOENIX — A settlement agreement in an Arizona federal class lawsuit over motel guest lists being voluntarily turned over to U.S. Immigration and Customs Enforcement (ICE) agents by Motel 6 Operating L.P. and G6 Hospitality LLC, doing business as Motel 6, that provides up to $10 million was granted final approval on Feb. 18 over protests by the Arizona attorney general who argued in a Feb. 6 amicus brief that the settlement provided the majority of the settlement funds to cy pres recipients (Jane V., et al. v. Motel 6 Operating L.P., et al., No. 18-242, D. Ariz.).

  • February 11, 2020

    On Eve Of Hearing, Uber, Drivers Tell 9th Circuit Of Data Hack Suit Settlement

    SAN FRANCISCO — Less than a week before a scheduled hearing in the Ninth Circuit U.S. Court of Appeals, two former drivers with Uber Technologies Inc. on Feb. 7 filed a notice of settlement, informing the appeals court that they had reached a confidential settlement with the ride share company over a 2014 database hacking incident (Sasha Antman, et al. v. Uber Technologies Inc. No. 18-16100, 9th Cir.).

  • February 11, 2020

    Bank’s Negligence Claim Over Marriott Data Breach Survives Dismissal

    GREENBELT, Md. — A Louisiana-based bank sufficiently alleged, under that state’s law, that Marriott International Inc.’s negligence in not adequately protecting its customers’ payment card data led to its being compromised, a Maryland judge overseeing the multidistrict litigation over Marriott’s data breach concluded Feb. 7, partly denying the hotel chain’s motion to dismiss (In re:  Marriott International Inc. Customer Data Security Breach Litigation, No. 8:19-md-02879, D. Md., 2020 U.S. Dist. LEXIS 21502).

  • February 10, 2020

    Google Sued For Biometric Violations With ‘Google Photos’ App

    SAN JOSE, Calif. — Google LLC was hit with another class complaint alleging violation of the Illinois Biometric Information Privacy Act (BIPA) in California federal court on Feb. 6, with an Illinois man claiming that the tech giant has been using its “Google Photos” app to upload and store “millions of ‘face templates’” without users’ knowledge or consent (Brandon Molander v. Google LLC, No. 5:20-cv-00918, N.D. Calif.).

  • February 10, 2020

    3rd Class Complaint Filed Over Tech Firm’s Creation Of Biometric Database

    CHICAGO — Clearview AI Inc. was hit with a putative class complaint in Illinois federal court on Feb. 5, marking the third federal suit filed against the tech firm in two weeks over its creation of “a dystopian surveillance database” with the biometric identifiers of millions of people (Anthony Hall v. Clearview AI Inc., et al., No. 1:20-cv-00846, N.D. Ill.).

  • February 06, 2020

    Individual Arbitration Ordered In Class Complaint Over Fortnite Data Breach

    RALEIGH, N.C. — A Fortnite player who claims that his Epic Games Inc. account was breached and his data was stolen must submit his claims to individual arbitration, a federal judge in North Carolina ruled Feb. 3, staying the Missouri man’s putative class complaint (Michael Heidbreder v. Epic Games, Inc., No. 19-348, E.D. N.C., 2020 U.S. Dist. LEXIS 17878).

  • February 05, 2020

    Pharmacy Defendants Ask 6th Circuit To Block Order For Opioid Transaction Data

    CINCINNATI — Six pharmacy chains on Jan. 22 filed a petition for a writ of mandamus in the Sixth Circuit U.S. Court of Appeals that seeks to block the opioid multidistrict litigation court from forcing them to disclose “transaction level” prescription order data (In Re:  CVS Pharmacy, Inc., No. 20-3075, 6th Cir.).

  • February 04, 2020

    Supermarket Chain Moves For Dismissal Of Data Breach Class Claims

    PEORIA, Ill. — In a Jan. 31 dismissal motion, a supermarket chain tells an Illinois federal court that negligence, contractual and other class claims brought against it over a 2018-2019 data breach are inadequately pleaded and do not contain the necessary particularity per federal pleading guidelines (Noreen Perdue, et al. v. Hy-Vee Inc., No. 1:19-cv-01330, C.D. Ill.).

  • February 04, 2020

    Coverage Triggered But Insurer Did Not Act In Bad Faith, Federal Judge Rules

    NEW YORK — A federal judge in New York on Jan. 31 granted a financial services company insured’s cross-motion for summary judgment as to its breach of contract claim in its lawsuit seeking indemnity for an underlying settlement arising from alleged “spoof emails” that resulted in a $5.9 million fraudulent wire transfer, but ruled in favor of the insurer as to a bad faith claim (SS&C Technology Holdings, Inc. v. AIG Specialty Insurance Company, No. 19-07859, S.D. N.Y., 2020 U.S. Dist. LEXIS 17201).

  • February 04, 2020

    Privacy, Negligence Class Claims Filed Over Hacking Of Ring Security Cameras

    LOS ANGELES — On Jan. 31, a third putative class complaint was filed against Ring LLC in California federal court, with plaintiffs alleging negligence, privacy and consumer violation claims related to incidents in which the company’s smart security devices have been hacked by third parties (John Politi, et al. v. Ring LLC, No. 2:20-cv-01034, C.D. Calif.).

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