CHICAGO — Clearview AI Inc. created and furnished to law enforcement a database of the facial scans of “millions of unsuspecting individuals,” contributing to the creation of a “massive surveillance state” a plaintiff claims in a putative class complaint filed Jan. 22 in Illinois federal court, alleging violations of the First, Fourth and 14th amendments to the U.S. Constitution and the Illinois Biometric Information Privacy Act (BIPA) (David Mutnick v. Clearview AI Inc., et al., No. 1:20-cv-00512, N.D. Ill.).
INDIANAPOLIS — An Indiana state court’s objection to a discovery ruling requiring it to submit certain data about minors seeking abortions was overruled Jan. 22, with an Indiana federal judge finding that the anonymized nature of the data did not implicate any privacy concerns and, as such, did not violate a state confidentiality statute (Whole Woman’s Health Alliance, et al. v. Curtis T. Hill Jr., et al., No. 1:18-cv-01904, S.D. Ind., 2020 U.S. Dist. LEXIS 10364).
SAN FRANCISCO — In a Jan. 20 amicus curiae brief, the attorneys general (AGs) of nine states urge a California federal judge to deny final approval to a proposed $13 million settlement of a consolidated privacy class action over Google LLC’s “Street View” feature, objecting to the earmarking of most of the settlement fund to cy pres recipients without “cash or other direct compensation to class members” (In re Google LLC Street View Electronic Communications Litigation, No. 3:10-md-02184, N.D. Calif.).
LOS ANGELES — A California federal judge on Jan. 17 issued the latest in a series of rulings in favor of Uber Technologies Inc., reporting that he had granted the ride-sharing company’s motions to compel arbitration in eight lawsuits filed over a 2016 data breach that were consolidated in a multidistrict litigation (In re Uber Technologies Inc. Data Security Breach Litigation, No. 2:18-ml-02826, C.D. Calif.).
WASHINGTON, D.C. — Facebook Inc.’s interlocutory appeal of a class certification ruling in a privacy lawsuit over its face-tagging feature will not be heard by the U.S. Supreme Court, which on Jan. 21 denied the social network’s petition for certiorari in which it raised questions about standing under Article III of the U.S. Constitution (Facebook Inc. v. Nimesh Patel, et al., No. 19-706, U.S. Sup., 2020 U.S. LEXIS 538).
ATLANTA — A Georgia federal judge on Jan. 13 granted final approval to the settlement of a consolidated consumer class’s negligence lawsuit over the massive 2017 data breach experienced by Equifax Inc., calling the relief valued at potentially billions of dollars “an outstanding result for the class in a case with a high level of risk” that “exceeds the relief provided in other data breach settlements” (In Re: Equifax Inc., Customer Data Security Breach Litigation, No. 1:17-md-2800, N.D. Ga., 2020 U.S. Dist. LEXIS 7841).
NEW ORLEANS — A commercial general liability insurer on Nov. 25 filed its response in the Fifth Circuit U.S. Court of Appeal to an insured’s appeal of a lower court’s finding that the 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 (Landry's Inc. v. The Insurance Company of the State of Pennsylvania, No. 19-20430, 5th Cir.).
CLEVELAND — Three credit unions suing Sonic Corp. for negligence over its 2017 data breach filed a motion in Ohio federal court on Jan. 9, seeking to certify a nationwide class of financial institutions (FIs) that accrued costs resulting from responding to cardholders whose payment cards were potentially affected by the breach (In re: Sonic Corp. Customer Data Security Breach, No. 1:17-md-02807, N.D. Ohio).
HARRISBURG, Pa. — In rulings issued Jan. 8 and 9, a Pennsylvania federal magistrate judge denied discovery requests by a class of travel stop operations managers (OMs) in a Fair Labor Standards Act (FLSA) overtime lawsuit, finding requests for personnel files and text messages to be too broad, burdensome and fraught with privacy concerns (Kristopher Lawson, et al. v. Love’s Travel Stops & Country Stores Inc., No. 1:17-cv-01266, M.D. Pa., 2020 U.S. Dist. LEXIS 3352).
NEW YORK — A surveillance technology watchdog group sued New York City Transit (NYCT) in New York state court on Jan. 6, seeking to compel the agency to comply with a request under the state’s Freedom of Information Law (FOIL) for documents related to the purported use of facial recognition technology on the city’s subway system (Surveillance Technology Oversight Project v. Metropolitan Transportation Authority, et al., No. 150127/20, N.Y. Sup., New York Co.).
SAN JOSE, Calif. — Four former users of the now-defunct Google Plus social network filed a motion in California federal court on Jan. 6, seeking preliminary approval of a $7.5 million settlement with Google LLC of unfair competition, privacy and negligence class claims over two 2018 data leaks that exposed users’ personally identifiable information (PII) to third-party app developers (In re Google Plus Profile Litigation, No. 5:18-cv-06164, N.D. Calif.).
RENO, Nev. — Noting that more than $5 million dollars’ worth of discount coupons that were emailed to class members affected by Zappos.com Inc.’s 2012 data breach have already been redeemed, a Nevada federal judge on Dec. 23 granted final approval to a settlement of a privacy class action against the online retailer (In Re Zappos.com Inc., Customer Data Security Breach Litigation, No. 3:12-cv-00325, D. Nev.).
BIRMINGHAM, Ala. — An Alabama hospital has violated the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Federal Trade Commission Act and the Gramm-Leach-Bliley Act by failing to protect the medical records of approximately 32,000 from a recent ransomware attack, a class complaint filed Dec. 23 in a federal court in Alabama alleges (Geraldine Daniels, et al. v. DCH Healthcare Authority, No. 19-2086, N.D. Ala.).
WILMINGTON, Del. — In a Jan. 3 motion for preliminary approval of a revised $5.5 million class settlement with Google LLC over privacy concerns related to certain cookie deployment practices, the plaintiffs tell a Delaware federal court that although “[t]he structure, timing, and disposition of funds set out” in a previous settlement proposal, which was vacated by the Third Circuit U.S. Court of Appeals, “have not changed,” the parties have addressed the Third Circuit’s concerns over the cy pres-only nature of the settlement (In Re: Google Inc. Cookie Placement Consumer Privacy Litigation, No. 1:12-md-02358, D. Del.).
PHILADELPHIA — With the filing of a putative class complaint by 12 of its customers on Dec. 31, at least 11 lawsuits have been filed in Pennsylvania federal court against a convenience store chain in the wake of its announcing that it had recently discovered a data breach that went unnoticed for nine months (Mark Schultz, et al. v. Wawa Inc., No. 2:19-cv-06190, E.D. Pa.).
LOS ANGELES — The makers of Ring smart security systems have employed “[l]ax security standards and protocols” resulting in the hacking of camera systems by third parties, a man alleges in a class complaint filed Dec. 26 in a federal court in California (John Baker Orange, et al. v. Ring LLC, et al., No. 19-10899, C.D. Calif.).
SAN JOSE, Calif. — A California federal judge on Dec. 19 found that a putative class suing Google LLC for allegedly storing their location data failed to “plead sufficient facts to allege an invasion of privacy,” leading him to grant Google’s motion to dismiss statutory, constitutional and common-law privacy claims against the tech firm, with leave to amend (In re Google Location History Litigation, No. 5:18-cv-05062, N.D. Calif.).
WASHINGTON, D.C. — In supplemental briefs filed Dec. 16 at the direction of the District of Columbia Circuit U.S. Court of Appeals, a health insurance provider and a group of policyholders that sued it over a 2015 data breach both opine that a trial court properly certified a partial dismissal ruling for appeal under Federal Rule of Civil Procedure 54(b) (Chantal Attias, et al. v. CareFirst Inc., et al., No. 19-7020, D.C. Cir.).
OAKLAND, Calif. — Although a lawsuit in which the U.S. Department of Justice (DOJ) sought a warrant compelling suspects to unlock electronic devices via biometric means raised “highly engaging issues,” a California federal judge on Dec. 10 denied as moot the department’s motion to reconsider an order denying the warrant for constitutional reasons in light of the government’s abandonment of the original warrant, which deprived the court of jurisdiction over the matter (In re Search of a Residence in Oakland, Calif., No. 4:19-mj-70053, N.D. Calif.).
DENVER — Six months after a group of Chipotle Mexican Grill Inc. customers announced a settlement of their class claims over a 2017 data breach experienced by the burrito chain, a Colorado federal judge on Dec. 16 granted their motion for final approval of the agreement, which provides for reimbursement of expenses customers incurred from the breach (Todd Gordon, et al. v. Chipotle Mexican Grill Inc., No. 1:17-cv-01415, D. Colo., 2019 U.S. Dist. LEXIS 215430).