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Mealey's Data Privacy

  • May 22, 2019

    Experian Data Breach Class Submits Proposed Judgment For $170 Million Settlement

    SANTA ANA, Calif. — A week after a California federal judge granted final approval to the settlement of a class action over a 2015 data breach experienced by Experian Information Solutions Inc., the class on May 16 filed a proposed judgment releasing all claims against Experian and addressing the judge’s concerns that a previously submitted judgment was overly broad (In Re Experian Data Breach Litigation, No. 8:15-cv-01592, C.D. Calif.).

  • May 22, 2019

    Wiretap Claim Against Sex Toy Manufacturer Partly Dismissed

    OAKLAND, Calif. — Finding that certain date and time data collected by a sex toy app constituted record information, rather than the contents of a communication, a California federal judge on May 15 dismissed in part claims against a “sextech” company under the Wiretap Act, while holding that “vibration intensity” data, which was allegedly collected without user consent, qualified as communications and could support a claim under the statute (S.D. v. Hytto Ltd., No. 4:18-cv-00688, N.D. Calif.).

  • May 22, 2019

    Patient’s Breach Of Contract Claim Over Health Info Disclosure Dismissed

    KANSAS CITY, Mo. — A hospital’s motion to dismiss putative class claims over the unintentional disclosure of patients’ protected health information (PHI) was partly granted May 16, when a Missouri federal judge found that the lead plaintiff did not establish the existence of a contract that was breached by the data disclosure (K.A. v. Children’s Mercy Hospital, No. 4:18-cv-00514, W.D. Mo., 2019 U.S. Dist. LEXIS 82725).

  • May 22, 2019

    Judge Denies Insurer’s Motion As To Yahoo!’s Bad Faith, Bad Faith Damages Claims

    SAN JOSE, Calif. — A California federal judge on May 17 denied a commercial general liability insurer’s motion for judgment as a matter of law on Yahoo! Inc.’s bad faith and bad faith damages claims, finding that there is a “legally sufficient evidentiary basis” for a jury to determine that the insurer acted in bad faith in its handling of underlying class actions filed against Yahoo over its practice of scanning the content of emails (Yahoo! Inc. v. National Union Fire Insurance Company of Pittsburgh, PA, No. 17-00489, N.D. Calif., 2019 U.S. Dist. LEXIS 83811).

  • May 21, 2019

    Facebook, Google, Apple:  Plaintiffs Fail To Allege Location Data Provision

    OAKLAND, Calif. — In May 16 reply briefs supporting their respective motions to dismiss, Google LLC, Apple Inc. and Facebook Inc. tell a California federal court that two plaintiffs alleging the improper collection and use of their mobile devices’ location data have essentially admitted that any such data was obtained via their devices’ internet protocol (IP) addresses and not by any actions taken by the defendants (Brendan Lundy, et al. v. Facebook Inc., et al., No. 4:18-cv-06793, N.D. Calif.).

  • May 19, 2019

    Settlement Of Class Action Over TurboTax Data Hack Receives Final Approval

    SAN JOSE, Calif. — Seven months after a California federal judge preliminarily approved settlement of a class action against Intuit Inc. over a 2014 data breach, the same judge granted final approval May 15 to the settlement, which provides more than $2.8 million in costs, attorney fees and service awards (In re Intuit Data Litigation, No. 5:15-cv-01778, N.D. Calif.).

  • May 16, 2019

    9th Circuit Remands Google Privacy Class Action To Address Standing

    SAN FRANCISCO — Two months after the U.S. Supreme Court remanded a privacy class action against Google LLC for lack of jurisdiction, a Ninth Circuit U.S. Court of Appeals panel on May 13 granted a motion by Google to further remand the case for a determination of whether the class ever established that it had standing under Article III of the U.S. Constitution (In re:  Google Referrer Header Privacy Litigation, No. 15-15858, 9th Cir.).

  • May 16, 2019

    Bump Stock Buy-Back Privacy Class Suit Is Dismissed By Plaintiffs

    TACOMA, Wash. — Plaintiffs, referred to only as John Does, who filed a class complaint against Washington officials seeking to stop the release of the names and addresses of individuals who participated in the state’s bump stock buy-back program, filed a notice of voluntary dismissal on May 2 (John Doe 1, et al. v. John R. Batiste, et al., No. 19-5334, W.D. Wash.).

  • May 16, 2019

    J. Crew Customer Amends Complaint In Remanded FACTA Lawsuit

    NEWARK, N.J. — A month after a judge changed the dismissal of a Fair and Accurate Credit Transactions Act (FACTA) complaint against J. Crew Group Inc. to without prejudice, a New Jersey man filed a third amended complaint (TAC) May 14 over the retailer’s purported printing of too many credit card digits on receipts, telling a New Jersey federal court that he suffered damages from a heightened risk of identity theft and because he can “no longer merely throw out his credit card receipts” (Ahmed Kamal v. J. Crew Group Inc., et al., No. 2:15-cv-00190, D. N.J.).

  • May 16, 2019

    After Depositions, Facebook Says ‘View As’ Hack Plaintiffs Allege No Injury

    SAN FRANCISCO — Following a hearing on its motion to dismiss and court-ordered depositions of the lead plaintiffs, Facebook Inc. argues in a May 13 supplemental brief in California federal court that a putative class action over a 2018 breach of the social network’s account “view as” feature merits dismissal for a failure to plead any injuries whatsoever (Jasper Schmidt, et al. v. Facebook Inc., No. 3:18-cv-05982, N.D. Calif.).

  • May 10, 2019

    Chinese Hackers Indicted For Conspiracy, Fraud Over Breach Of Anthem, Others

    INDIANAPOLIS — An Indiana federal court on May 9 granted a motion by the U.S. Department of Justice (DOJ) to unseal a grand jury indictment that was filed two days earlier against two residents of China that are charged with partaking in large-scale data breaches of Anthem Inc. and three other companies (United States v. Fujie Wang, et al., No. 1:19-cv-00153, S.D. Ind.).

  • May 10, 2019

    Maryland Residents Sue Cellular Providers For Sale, Collection Of Geolocation Data

    BALTIMORE — With the filing of a May 2 putative class complaint against T-Mobile US Inc. in Maryland federal court, four major cellular carriers have been hit with lawsuits for allegedly selling their customers’ geolocation data to third-party data aggregators (Shawnay Ray, et al. v. T-Mobile US Inc., No. 1:19-cv-01299, D. Md.).

  • May 9, 2019

    Panel Affirms Dismissal Of Suit Alleging Insurers Violated Stored Communications Act

    PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on April 26 affirmed a lower federal court’s dismissal of complaints alleging that insurers violated the Stored Communications Act (SCA) when they gained unauthorized access to the plaintiff’s personal information from a website, finding that the plaintiffs failed to state a claim that the website, database or server functioned as an electronic communication service (ECS) provider under the SCA (Hector Casillas v. Cypress Insurance Company, et al., Nos. 17-56065 and 17-56071, 9th Cir., 2019 U.S. App. LEXIS 12583).

  • May 8, 2019

    Delta Customer Refiles Amended Class Complaint Over Data Breach

    LOS ANGELES — Two months after a California federal judge struck her amended complaint against Delta Air Lines Inc. and a customer service business partner over a 2017 data breach as untimely, a Florida woman on April 29 refiled her complaint alleging breach of contract and computer fraud two weeks after being granted leave to amend (Teresa J. McGarry v. Delta Air Lines Inc., et al., No. 2:18-cv-09827, C.D. Calif.).

  • May 6, 2019

    DOJ Seeks Vacatur Of Order Denying Biometric Unlocking Of Devices Via Warrant

    OAKLAND, Calif. — In a brief filed May 1 in California federal court, the U.S. Department of Justice (DOJ) requests review and vacatur of a magistrate’s order declining to compel suspects to unlock seized electronic devices by biometric means, arguing that even though a new warrant was issued in the underlying case, the matter is not moot because it will certainly arise in future investigations (In re Search of a Residence in Oakland, Calif., No. 4:19-mj-70053, N.D. Calif.).

  • May 6, 2019

    Class, Objectors Oppose Remand For Standing Determination In Google Privacy Suit

    SAN FRANCISCO — A class of plaintiffs who sued Google LLC for privacy violations and two class members who objected to a cy pres-only settlement of the class claims filed briefs with the Ninth Circuit U.S. Court of Appeals on May 2, opposing the tech giant’s motion to remand the case to the original trial court for a finding of whether the class has standing following the U.S. Supreme Court’s decision to not rule on whether the settlement was fair due to uncertainty over the class’ standing under Article III of the U.S. Constitution (In re:  Google Referrer Header Privacy Litigation, No. 15-15858, 9th Cir.).

  • May 3, 2019

    Tribes Cite Unique History, Discovery Needs In Equifax Data Breach Lawsuit

    ATLANTA — In an April 30 reply brief, three Native American tribes defend their motion to establish a separate track for tribal governments in the multidistrict litigation against Equifax Inc. over its 2017 data breach, arguing to a Georgia federal court that a history of financial discrimination has caused heightened harm to them that necessitates separate class representation and unique discovery (In Re:  Equifax Inc., Customer Data Security Breach Litigation, No. 1:17-md-2800, N.D. Ga.).

  • May 1, 2019

    Prison Experts Can Testify In Class Suit Over County’s Online Inmate Search Tool

    PHILADELPHIA — A Pennsylvania federal judge on April 29 allowed most expert testimony for a man who filed a class action against a county and its prison for publishing his mugshot and disorderly conduct arrest information in an online prisoner lookup tool more than a decade after the charges had been expunged (Daryoush Taha v. Bucks County, et al., No. 12-6867, E.D. Pa., 2019 U.S. Dist. LEXIS 71553).

  • May 1, 2019

    TRO Hearing Set In Bump Stock Buy-Back Privacy Class Suit

    TACOMA, Wash. — A Washington federal judge on April 29 scheduled a hearing for May 2 on a motion for a temporary restraining order (TRO) filed in a lawsuit by two Washington residents, referred to only as John Does, seeking to prevent the release of the names and addresses of individuals who participated in the state’s bump stock buy-back program (John Doe 1, et al. v. John R. Batiste, et al., No. 19-5334, W.D. Wash.).

  • April 30, 2019

    Most Expert Testimony Permitted In Identity Theft Claims Against Bank

    SANTA ANA, Calif. — A California federal judge on April 25 allowed most expert testimony being challenged and then mostly denied summary judgment to a customer and a bank in their dispute over alleged fraudulent accounts opened under the customer’s name by a bank employee (Samuel Liera Soria v. U.S. Bank N.A., No. 8:17-cv-00603, C.D. Calif., 2019 U.S. Dist. LEXIS 70068).