Mealey's Data Privacy

  • February 23, 2021

    Supreme Court Declines To Consider 4th Amendment Implications Of Blood Testing

    WASHINGTON, D.C. — The U.S. Supreme Court on Feb. 22 declined to decide whether the Fourth Amendment to the U.S. Constitution requires a warrant authorizing the drawing of blood to also specifically authorize the testing of the blood, denying a petition for certiorari of a Texas man who was convicted for driving while intoxicated (DWI).

  • February 23, 2021

    Claims Over Surreptitious ‘Alexa’ Recordings Must Be Arbitrated, 9th Circuit Rules

    SAN FRANCISCO — A divided Ninth Circuit U.S. Court of Appeals panel found on Feb. 19 that a woman’s claim that Inc.’s “Alexa” digital assistant surreptitiously recorded her conversations must be decided by an arbitrator, reversing a trial court’s ruling that had deemed such recordings not covered by Amazon’s arbitration clause because they were made without anyone’s consent.

  • February 22, 2021

    Ad Firm’s UCL, Interference Counterclaims Axed In Facebook Data Gathering Row

    SAN FRANCISCO — An advertising company’s counterclaims of intentional interference and violation of California’s unfair competition law (UCL), which were filed in response to a computer fraud and breach of contract lawsuit filed by Facebook Inc. over the firm’s data-gathering practices, were dismissed Feb. 19, with a California federal magistrate judge finding the claims to be insufficiently supported but granting leave for some of them to be amended.

  • February 22, 2021

    Ransomware Suit Against Orthopedic Center Stayed Pending High Court Ruling

    TAMPA, Fla. — A pending U.S. Supreme Court case pertaining to standing and class certification under Article III of the U.S. Constitution and Federal Rule of Civil Procedure 23 may affect a privacy and negligence class action against an orthopedic center based on a 2020 ransomware attack, a Florida federal judge found Feb. 18, granting the center’s motion to stay proceedings until the high court issues its ruling.

  • February 19, 2021

    Facebook Again Seeks Dismissal Of Location-Tracking Class Action

    SAN FRANCISCO — Telling a California federal court that a group of plaintiffs suing it over the purported tracking of their locations “have careened from one baseless theory to the next,” Facebook Inc., in a Feb. 18 motion, seeks dismissal of a newly amended complaint for lack of standing and failure to state a claim.

  • February 19, 2021

    Credit Unions Oppose Sonic’s Subpoena For Documents From Arby’s Data Breach Suit

    CLEVELAND — The lead financial institution (FI) plaintiffs in a consolidated class action over a 2017 data breach experienced by Sonic Corp. filed a motion in Ohio federal court on Feb. 10, seeking to quash Sonic’s subpoena for documents in a data breach suit against fellow fast food chain Arby’s Restaurant Group Inc., characterizing the subpoena as an attempt “to circumvent the legal process for obtaining class member discovery” and arguing that the documents sought are irrelevant and privileged.

  • February 18, 2021

    AT&T Location Data-Selling Class Action Dismissed, Sent To Arbitration

    SAN FRANCISCO — Privacy and unfair competition claims over AT&T Mobility LLC’s now-discontinued practice of selling customers’ geolocation data to third parties were dismissed Feb. 16, with a California federal magistrate judge finding that the plaintiffs lacked standing to seek injunctive relief over the former practice and failed to demonstrate that AT&T’s arbitration provision was unconscionable.

  • February 17, 2021

    11th Circuit: Data Breach Class Suit Fails With No Showing Of Future Risk

    ATLANTA — A trial court properly held that a man suing a restaurant chain following a data hack lacks Article III of the U.S. Constitution standing as he failed to show “a substantial risk of future identity theft . . . or that identity theft is certainly impending,” an 11th Circuit U.S. Court of Appeals panel ruled Feb. 4.

  • February 17, 2021

    Facebook Accused Of Monopolizing Social Media Market Via Data Collection

    SAN JOSE, Calif. — Facebook Inc. was hit with an antitrust class complaint on Feb. 15 when one of its users filed suit in California federal court alleging that the social network wielded its valuable and voluminous trove of user data to maintain its dominance in the social media market by eliminating potential competitors.

  • February 16, 2021

    Facebook Users Argue Against Certiorari In Internet Use Tracking Suit

    WASHINGTON, D.C. — Several individuals who sued Facebook Inc. for tracking their online activity urge the U.S. Supreme Court in a Feb. 11 respondent brief to deny the social network’s petition for certiorari about application of the Wiretap Act to web-browsing activities, arguing that Facebook’s long-discontinued practice is “a relic of a previous internet age,” negating any need for high court review.

  • February 11, 2021

    Judge Dismisses UCL Case Against Marriott For Data Breach, Citing Lack Of Injury

    LOS ANGELES — A California federal judge on Jan. 12 granted a motion to dismiss a putative class action against the Marriott International Inc. hotel company for violating California’s unfair competition law (UCL) and other laws in relation to a customer data breach that occurred in Russia, writing that the plaintiffs lack standing to sue because sensitive information was not accessed during the breach.

  • February 10, 2021

    Judge Rules For Insurers In Target’s Coverage Suit Over Data Breach Settlement

    MINNEAPOLIS — A federal judge in Minnesota on Feb. 8 granted an insurer’s cross-motion for summary judgment in Target Corp.’s breach of contract lawsuit seeking coverage for its settlement with a group of financial institutions (FIs) over a 2013 data breach, finding that Target has failed to establish that its settlement liability stemming from the payment card claims constitutes loss-of-use damages.

  • February 10, 2021

    Fiduciary Duty Suit Over Theft From Account Dismissed For 2nd Time

    CHICAGO — A retiree whose identity was stolen and used to withdraw a large amount from her 401(k) retirement account failed in her amended complaint to show that her plan fiduciaries breached their duties of prudence or to monitor, a federal judge in Illinois ruled Feb. 8, dismissing the case for a second time but granting the retiree another chance to amend her complaint.

  • February 10, 2021

    Google Must Produce Some Documents In Suit Over App, Analytics Data Collection

    SAN FRANCISCO — Mostly denying plaintiffs’ requests to compel production from Google LLC in a putative class action over the company’s purported unauthorized collection of user data via its analytics service and Firebase software development kit (SDK), a California federal magistrate judge on Feb. 8, however, found that discovery of documents related to Google’s “Web & App Activity” (WAA) settings were relevant.

  • February 10, 2021

    Discovery Subpoenas On Airlines Deemed Unrelated To Foreign Embezzlement Suit

    DENVER — A Brazilian foundation did not establish that information it sought to subpoena from three airlines about the subjects of a foreign embezzlement proceeding was for use in that civil action, a Colorado federal magistrate judge ruled Feb. 5, denying in part the organization’s emergency motion for discovery per U.S. Code Title 28 Section 1782.

  • February 09, 2021

    JPMDL Won’t Consolidate Dickey’s Barbecue Data Breach Lawsuits In California

    WASHINGTON, D.C. — Noting that only six putative class actions have been filed over the recently announced data breach experienced by Dickey’s Barbecue Restaurants Inc., the U.S. Judicial Panel on Multidistrict Litigation (JPMDL) on Feb. 4 denied a motion by the plaintiffs in one of those cases to consolidate the suits in California federal court, holding that the parties and courts involved can instead engage in informal coordination efforts.

  • February 08, 2021

    7th Circuit: Employee Failed to Show Rights Violated By SEC Filing

    CHICAGO — A worker whose former employer identified her and gave the reasoning for her termination in a Securities and Exchange Commission filing lacked standing to bring a Title VII of the Civil Rights Act of 1964 retaliation claim as she was unable to show an injury, a Seventh Circuit U.S. Court of Appeals panel ruled Feb. 3, vacating a summary judgment ruling for the employer on that claim and remanding with instructions to dismiss while affirming dismissal of the former employee’s defamation and false light invasion of privacy claims.

  • February 08, 2021

    Contract, UCL Claims Over Google’s Android App Data Collection Survive Dismissal

    SAN JOSE, Calif. — An Android smartphone user’s putative class claims over Google LLC’s purported collection of use data of certain applications partly survived the tech company’s motion to dismiss on Feb. 2, when a California federal judge declined to dismiss claims for breach of contract and unfair competition, while disposing of invasion of privacy and intrusion upon seclusion claims, among others.

  • February 04, 2021

    Despite Reconsideration, Kids’ Privacy Claims Over Apps To Proceed Against Google

    ALBUQUERQUE, N.M. — Although a New Mexico federal judge, in a Feb. 2 reconsideration ruling, found that she had previously misapplied the standard for determining whether gaming apps are child-directed under the Children’s Online Privacy Protection Act (COPPA), the judge concluded that the state of New Mexico sufficiently alleged that Google LLC had actual knowledge that the apps in question were geared toward children, leading her to again decline to dismiss a COPPA claim against the company and its advertising unit.

  • February 04, 2021

    Insurer Reiterates Cross-Appeal Seeking Reversal Of ‘Excessive’ Attorney Fee Award

    SAN FRANCISCO — A commercial general liability insurer on Feb. 2 reiterated its cross-appeal to the Ninth Circuit U.S. Court of Appeals that Yahoo forfeited its claim to $618,380 in attorney fees under Brandt v. Superior Court in their data privacy coverage dispute.

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