Mealey's Data Privacy

  • April 25, 2022

    High Court Won’t Consider 4th Amendment Questions Over Cellular Data Acquisition

    WASHINGTON, D.C. — Questions about whether the collection of cell site location information (CSLI) by law enforcement personnel violates the Fourth Amendment to the U.S. Constitution will go unheard by the U.S. Supreme Court, which on April 25 denied a petition for certiorari by a convicted armed robber who was placed at the scene of several crimes by the use of such data.

  • April 25, 2022

    Judge Approves $85M Settlement Of Zoom Privacy Class Action

    SAN JOSE, Calif. — Six months after granting preliminary approval to an $85 million settlement of privacy and unfair competition claims against Zoom Video Communications Inc., a California federal judge on April 21 granted final approval, concluding that it “provides good value” to the plaintiffs while being fair to the defendant.

  • April 22, 2022

    Data-Aggregator Can’t Dismiss Putative Class UCL And Privacy Claims, Judge Rules

    SAN FRANCISCO — A California federal judge on April 19 denied a motion by a personal information data-aggregator website to dismiss putative class action claims against it including for violation of California’s unfair competition law (UCL) as well as Ohio and Indiana privacy laws, finding that the website cannot claim immunity under the Communications Decency Act (CDA) or free-speech protection under the First Amendment to the U.S. Constitution, U.S. Const. amend. I.

  • April 22, 2022

    Consumer Class Gets Final OK For $9 Million Settlement Of Wawa Data Breach Suit

    PHILADELPHIA — Nine months after preliminarily approving a settlement between a class of consumer plaintiffs and Wawa Inc. in a lawsuit over a 2019 data breach the convenience store chain experienced, a Pennsylvania federal judge on April 20 granted the plaintiffs’ motion for final approval of the $9 million settlement that provides for distribution of Wawa gift cards and cash payments to affected customers.

  • April 18, 2022

    Supreme Court Won’t Hear Challenge To Santa Fe’s Donor Data Reporting Ordinance

    WASHINGTON, D.C. — A nonprofit organization’s challenge under the First Amendment to the U.S. Constitution of a Santa Fe, N.M., ordinance requiring the reporting of political donors’ personal information in certain instances will go unheard by the U.S. Supreme Court, as the organization’s petition for certiorari asserting the chilling of speech was denied April 18.

  • April 15, 2022

    Facebook’s Attorney Denies Discovery Misconduct, Touts Spotless Sanctions Record

    SAN FRANCISCO — The day after Facebook Inc. filed its opposition to a sanctions motion brought by the plaintiffs in the Cambridge Analytica data-sharing class action, the company’s lead attorney, who is also named in the motion, filed a declaration in California federal court on April 12, attesting to a clean sanctions record in his professional career and defending the discovery conduct of Facebook and his firm in the litigation.

  • April 13, 2022

    Railway:  Privacy Act No Bar To Discovery In Asbestos Screening Lawsuit

    MISSOULA, Mont. — A railroad embroiled in a False Claims Act (FCA) suit involving diagnosis of asbestos diseases filed a second motion to compel on April 8, seeking a federal court in Montana’s help in securing the release of Social Security and tax records from the federal government.

  • April 06, 2022

    E-Commerce Platform Firm Sued Over Hack Of Cryptocurrency Users’ Info

    WILMINGTON, Del. — E-commerce platform operator Shopify Inc. and its data processing vendor were hit with a putative class complaint in Delaware federal court on April 1, with cryptocurrency users claiming that the defendants’ negligence led to a data breach that exposed the personally identifiable information (PII) of the clients of a cryptocurrency wallet company.

  • April 05, 2022

    Judge Remands Voter Registration Data Sales Class Action To State Court

    SAN DIEGO — A California federal judge on March 17 granted a woman’s motion to remand to state court her putative class action accusing two tech companies of violating California’s unfair competition law (UCL) by conspiring to illegally sell California voter registration data, finding that the local controversy exception to the Class Action Fairness Act (CAFA) applies.

  • April 05, 2022

    Judge Dismisses UCL Claim From Tortured Chinese Activist’s Hacked Emails Lawsuit

    SAN JOSE, Calif. — A California federal judge on March 31 dismissed with prejudice a claim for violation of California’s unfair competition law (UCL) brought by a Chinese pro-democracy activist against two Yahoo! Inc. successor entities and two former Yahoo executives, which the activist claimed profited by sharing his emails with Chinese officials and causing his imprisonment and the destruction of his assets, and dismissed with leave to amend his Alien Torts Statute (ATS) claim for torture.

  • April 04, 2022

    Preliminary OK Given To $90 Million Settlement Of Meta Internet Tracking Suit

    SAN JOSE, Calif. — A decade-old consolidated privacy class action against Meta Platforms Inc. (formerly Facebook Inc.) moved one step closer to settlement on March 31 when a California federal judge granted preliminary approval to a $90 million settlement of claims related to the social network operator’s tracking of users’ internet activities.

  • April 04, 2022

    Jury Finds For Law Firm In Negligence Suit Over Hack That Exposed Insurer’s Data

    KANSAS CITY, Mo. — After a four-day trial, a jury in Missouri federal court issued a verdict on March 31 in which it found that a law firm was not negligent in a data breach that exposed the personally identifiable information (PII) of the clients of an insurance company that the firm was representing at the time.

  • March 31, 2022

    BIPA Claims Over Proctoring Software Will Proceed In Federal, State Courts

    CHICAGO — Students’ claims in three putative class actions against the maker of exam proctoring software largely survived the defendant’s motions to dismiss on March 23, although an Illinois federal judge remanded some of the claims alleging the collection of users’ biometric data by the software under Illinois’ Biometric Information Privacy Act (BIPA) to state court, finding that federal standing was lacking.

  • March 29, 2022

    Class Certification Denied In Case Over Locker Room Privacy Intrusion

    CHARLESTON, S.C. — Two proposed classes in a lawsuit brought by students and parents of students who attended a South Carolina high school where they allege that students could be viewed and were videoed while in locker rooms via windows to coaches’ offices cannot be certified as the classes are not ascertainable, a federal judge in South Carolina ruled March 24.

  • March 24, 2022

    Judge Vacates Ruling In Insurers’ Favor In Target’s Suit Arising From Data Breach 

    MINNEAPOLIS — Granting Target Corp.’s motion to alter or amend a Feb. 8 judgment, a federal judge in Minnesota on March 22 held that commercial general liability insurers have a duty to indemnify Target against an underlying settlement with a group of financial institutions (FIs) over a 2013 data breach.

  • March 24, 2022

    Facebook Again Ordered To Turn Over Investigative Documents In Data-Sharing Suit

    SAN FRANCISCO — In a redacted order that was made public on March 21, a special master in California federal court directed Facebook Inc. to produce a large number of documents related to its investigation of a data-sharing incident that it had withheld as privileged, finding that most of the documents were responsive to a magistrate’s previous ruling and that they were not protected work product.

  • March 24, 2022

    Nonprofit To High Court: Santa Fe Donor Identification Law Violates 1st Amendment

    WASHINGTON, D.C. — In a March 22 reply brief supporting its petition for certiorari, a nonprofit organization defends its standing to challenge a Santa Fe, N.M., ordinance that requires the submission of nonprofit donors’ personal information in certain circumstances, telling the U.S. Supreme Court that its suit alleging violation of the First Amendment to the U.S. Constitution was sufficiently based on past enforcement of the law and the threat of future enforcement.

  • March 23, 2022

    Negligence Suit Filed Over Theft Of Cryptocurrency, Clients’ Personal Information

    SAN FRANCISCO — A man who lost $85,000 in a cyberattack on a cryptocurrency company filed a putative class complaint in California federal court on March 18, bringing negligence and contractual claims over the loss of his monies and the unauthorized access of his personally identifiable information (PII).

  • March 23, 2022

    4th Amendment At Issue In High Court Appeal Over Cellular Data Acquisition

    WASHINGTON, D.C. — In a March 21 respondent brief, the federal government asks the U.S. Supreme Court to deny a petition for certiorari by a convicted armed robber appealing the denial of his motion to suppress cell site location information (CSLI) evidence that placed him at the scene of several crimes, with the government asserting that law enforcement’s obtaining the data at issue did not violate the Fourth Amendment to the U.S. Constitution because of the good faith exception and because there was no reasonable expectation of privacy in the data.

  • March 22, 2022

    9th Circuit Affirms Fees, Incentive Awards In Facebook ‘Tag Suggestions’ Suit

    SAN FRANCISCO — Two class members whose objections to the $650 million settlement of a biometric privacy lawsuit against Facebook Inc. failed in trial court, saw their objections to attorney fees and class representative incentive awards rejected March 17 by a Ninth Circuit U.S. Court of Appeals panel, which upheld the disputed awards as reasonable in light of the successful results achieved on behalf of the class.

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