Mealey's Data Privacy
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May 02, 2023
Surveilled Woman Tells High Court ATF’s Pole Camera Violated 4th Amendment
WASHINGTON, D.C. — The eight-month surveillance of her home via a pole camera installed by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) ran afoul of the Fourth Amendment to the U.S. Constitution, a Massachusetts woman asserts in a May 1 reply brief supporting her petition for certiorari, telling the U.S. Supreme Court that the government inappropriately seeks to apply older precedent to “newer privacy-invading surveillance technologies.”
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May 01, 2023
Deposition On Discovery Burden Ordered In Harriet Carter Data Collection Suit
PITTSBURGH — Granting in part a motion to compel discovery, a Pennsylvania federal judge found that the lead plaintiff in a putative class action over Harriet Carter Gifts Inc.’s purported data gathering was entitled to discovery about user information sent from the retailer’s website to a business partner, but citing uncertainty about whether it was burdensome, the judge ordered a deposition of a company representative to make that determination.
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April 27, 2023
On 2nd Try, $37.5 Million Facebook Tracking Settlement Preliminarily Approved
SAN FRANCISCO — Four months after denying the first motion for approval filed by the plaintiffs in a privacy class action over Meta Platforms Inc.’s purported tracking of Facebook users’ locations, a California federal judge on April 26 granted preliminary approval to a proposed $37.5 million settlement.
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April 27, 2023
Android Users Tell 9th Circuit Data-Gathering Claims Against Google Were Proper
SAN FRANCISCO — Two smartphone users tell the Ninth Circuit U.S. Court of Appeals in an appellant brief that a California federal judge wrongly dismissed their fraud and unfair competition claims against Google LLC for allegedly collecting data on third-party app usage via its Android operating system (OS) without notice, writing that the judge wrongly found the secure storage of their private data “not ‘central’” to the “functionality” of a smartphone.
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April 26, 2023
Judge Remands Data-Sharing Class Claims Against Medical Center To State Court
LOS ANGELES — A California federal judge granted a plaintiff’s motion to remand his putative class action against a health care provider for allegedly invading his privacy and violating California’s unfair competition law (UCL) by using various tracking tools in its website and app to state court after the judge rejected the provider’s argument that federal directives regarding online patient access create “federal officer jurisdiction.”
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April 26, 2023
Lawyer Files Class Claims Against ABA After Hacking Incident Is Announced
BROOKLYN, N.Y. — A member of the American Bar Association (ABA) sued the organization in New York federal court just days after it was announced that a hacker had breached its network and gained access to some information of ABA members.
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April 26, 2023
Hospital Data Breach Plaintiffs Seek To Appeal Denial Of Remand Motion
FORT LAUDERDALE, Fla. — The plaintiffs in five consolidated putative class actions over a Florida hospital’s 2021 data breach filed a status report informing a Florida federal judge of their intention to appeal his recent denial of their motion to remand the individual cases to state court.
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April 24, 2023
Illinois High Court: LMRA Preempts Worker’s Hand Scan Biometric Privacy Claims
SPRINGFIELD, Ill. — Because a collective bargaining agreement (CBA) governed the method a university’s employees clocked in and out of work, the Illinois Supreme Court found that a former employee’s putative class claims over the use of his hand scan under the Illinois Biometric Information Privacy Act (BIPA) were preempted by the Labor Management Relations Act (LMRA).
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April 20, 2023
Divided 9th Circuit Panel Affirms No Arbitration In Amazon Wiretapping Class Suit
SAN JOSE, Calif. — Without proof that it notified drivers of a new Terms of Service Agreement (TOS) in 2019, Amazon.com Inc.’s arbitration motion in a putative class complaint alleging that it monitored communications by drivers on a private Facebook page is subject to 2016 TOS with an arbitration clause that did not encompass such actions, a divided Ninth Circuit U.S. Court of Appeals panel ruled April 19.
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April 17, 2023
9th Circuit Affirms Dismissal Of Tortured Chinese Activist’s Hacked Emails Lawsuit
SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel affirmed a district court’s dismissal of a Chinese pro-democracy activist’s lawsuit against two Yahoo! Inc. successor entities and two former Yahoo executives accusing them of violating California’s unfair competition law (UCL) and the Alien Torts Statute (ATS) by sharing his emails with Chinese officials and causing his imprisonment and torture.
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April 14, 2023
McDonald’s Granted Protective Order In AI Voiceprint Class Lawsuit
CHICAGO — A federal judge in Illinois on April 13 granted a motion for a protective order sought by McDonald’s Corp. in a putative class complaint alleging that the franchisor violates Illinois Biometric Information Privacy Act (BIPA) by collecting voiceprints to place drive-through orders.
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April 13, 2023
Judge: Reconsideration Not Vehicle To Challenge Agency Asbestos Testimony Ruling
MISSOULA, Mont. — The correct way to challenge an order compelling testimony from government agencies is by moving to quash the subpoenas and not in a motion for reconsideration of the ruling ordering the testimony, a federal judge in Montana said in a False Claims Act (FCA) case involving asbestos-related Medicare claims filed under a special Patient Protection and Affordable Care Act (ACA) program.
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April 12, 2023
Tesla Hit With Class Suit Alleging Employees Access, Share Images And Videos
SAN FRANCISCO — Tesla Inc. employees access, use and share video recordings and images of customers captured by vehicle cameras without customers’ consent, one customer alleges in a class complaint filed in a federal court in California.
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April 11, 2023
COVID-19 Contact Tracing Data Breach Class Settlement Approved
HARRISBURG, Pa. — A federal judge in Pennsylvania granted final approval of a class settlement under which an employment staffing company accused of failing to safeguard private health information (PHI) contained in Pennsylvania Department of Health (DOH) COVID-19 contact tracing lists will provide monetary payments for out-of-pocket expenses and two years of credit monitoring and credit restoration protections.
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April 10, 2023
Judge Denies CGL Insurer’s Summary Judgment Motion As Moot After Settlement Reached
CHICAGO — Following a joint status report indicating the settlement of a coverage dispute over underlying claims that a family-owned and operated grocery store chain violated the Illinois Biometric Information Privacy Act, a federal judge in Illinois denied the commercial general liability insurer’s motion for summary judgment as moot and gave the parties until April 14 to file a status report or a notice of dismissal.
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April 07, 2023
Biometric Privacy Claims Over NBA Video Game May Proceed Against Amazon
SEATTLE — Adopting a magistrate judge’s report and recommendation, a Washington federal judge ruled that a plaintiff sufficiently alleges violations of Illinois’ Biometric Information Privacy Act (BIPA) by the provision of cloud computing services by Amazon Web Services Inc. (AWS) to a video game company that incorporates users’ facial scans into a basketball video game, leading her to deny the tech firm’s year-old motion to dismiss the putative class complaint.
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April 06, 2023
Washington Supreme Court Refuses To Review T-Mobile Data Breach Coverage Suit
OLYMPIA, Wash. — The Washington Supreme Court denied an insurer’s petition to review an appellate court’s ruling in favor of T-Mobile USA Inc. in a coverage dispute arising from a data privacy breach incurred by one of T-Mobile’s vendors, refusing to disturb the court’s finding that T-Mobile’s $17.3 million loss from the breach exceeded its self-insured retention obligation under the policy.
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April 05, 2023
Illinois Panel Partly Reverses No Coverage Ruling In Suit Over BIPA Violation Claims
CHICAGO — An Illinois appeals panel held that a lower court erred in denying coverage for the claims expenses that an insured incurred in defending against an underlying lawsuit based on claims that the insured unlawfully collected the underlying plaintiffs' fingerprints, partly reversing and remanding for the lower court to determine the insured’s underlying claims.
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April 04, 2023
Google Sanctioned $79,000 For Untimely Disclosure In Chrome Data-Tracking Suit
SAN JOSE, Calif. — Nine days after a California federal magistrate judge issued a pair of discovery orders in two consolidated putative class actions over Google LLC’s purported collection of data from users of its Chrome web browser, redacted versions were filed of orders granting the plaintiffs’ motion for sanctions and granting Google’s motion for relief regarding preservation.
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April 04, 2023
Apple, Stalking Victims Seek Stay, Mediation In AirTags Privacy Class Action
SAN JOSE, Calif. — Even though the presiding California federal judge denied their motion to stay proceedings in a putative class action focusing on alleged piracy violations and stalking facilitation by Apple Inc.’s AirTags, the plaintiffs and the company in a jointly filed case management statement continue to stress their desire for a stay of six months while they pursue mediation.
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March 31, 2023
Equifax MDL Law Firm Ends Suit Over Attorney Fees, Pursues 11th Circuit Appeal
ATLANTA — Complying with a Georgia federal judge’s order, a law firm that was involved with the multidistrict litigation over the 2017 Equifax Inc. data breach filed a notice confirming that it had dismissed a Tennessee state court lawsuit in which it sought compensation for its purportedly inadequate share of the now-settled MDL’s attorney fees award.
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March 30, 2023
$725 Million Settlement Of Facebook Profile-Sharing MDL Receives Initial Approval
SAN FRANCISCO — A proposed $725 million settlement of the Facebook user profile sharing multidistrict litigation satisfies the requirements of Federal Rule of Civil Procedure 23, a California federal judge ruled March 29, granting a motion to preliminarily approve the largest-of-its-kind settlement with Meta Platforms Inc. (formerly Facebook Inc.).
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March 29, 2023
Magistrate Dismisses Suit Against Google For Remote Schooling Hack During COVID-19
OAKLAND, Calif. — A California federal magistrate judge on March 27 dismissed with leave to amend a lawsuit brought against Google LLC and a local school district by a minor child through his guardians ad litem for allegedly invading his privacy through a Google platform the child was required to use during COVID-19-related school closures and for failing to prevent a hack of the child’s computer device, which resulted in sexually explicit content being sent to the child’s teacher.
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March 27, 2023
Marriott Opposes Discovery Report And Recommendation In Data Breach Class Action
GREENBELT, Md. — The discovery production recommended by a Maryland federal magistrate judge would encompass documents that were not used in its valuation of customers’ personally identifiable information (PII) that was stolen in a 2014 data breach, Marriott International Inc. argues, asking a trial court to sustain its objection to the magistrate’s report and recommendation.
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March 24, 2023
Parties To Libby, Mont., Asbestos Case Call Government Testimony Critical
MISSOULA, Mont. — Agents of the United States are the only ones capable of answering questions critical to a False Claims Act (FCA) case involving asbestos-related Medicare claims created under the Patient Protection and Affordable Care Act (ACA), parties to the suit told a federal judge in Montana, urging him to affirm a decision that the government must produce witnesses and to ignore a motion for reconsideration.