Mealey's Data Privacy

  • May 23, 2024

    6 Golden Corral Data Breach Suits Consolidated In North Carolina Federal Court

    RALEIGH, N.C.  — Citing “judicial economy” and avoiding “the risk of inconsistent rulings,” a North Carolina federal judge granted a motion to consolidate six putative negligence class actions over a 2023 data breach experienced by Golden Corral Corp., which exposed the personally identifiable information (PII) of the buffet restaurant chain’s employees.

  • May 14, 2024

    COMMENTARY: The Risk In Disclosing Risk Factors

    By Jordan Eth and Jocelyn Greer

  • May 22, 2024

    Judge Gives Final OK To $1.5 Million Settlement Of College Data Breach Suit

    KALAMAZOO, Mich. — A Michigan federal judge granted final approval of the settlement of a consolidated negligence class action over a data breach experienced by a college in 2022, deeming the $1.5 million agreement to be “fair, reasonable, and adequate.”

  • May 21, 2024

    Objectors Appeal Final Approval Of Google Location History Settlement

    SAN JOSE, Calif. — Three class members who had previously objected to the cy pres nature of a $62 million settlement of a consolidated class action over the purported collection of users’ location data by Google Inc., as well as an accompanying attorney fees award, on May 20 filed notice that they are appealing the final approval of the settlement and the corresponding judgment of a California federal court to the Ninth Circuit U.S. Court of Appeals.

  • May 21, 2024

    7th Circuit Affirms Court In Coverage Dispute Over BIPA Violation Claims

    CHICAGO — The Seventh Circuit U.S. Court of Appeals affirmed a lower federal court’s rulings in a coverage dispute arising from claims that the insured violated the Illinois Biometric Information Privacy Act (BIPA), finding that an umbrella insurance policy provides for defense and indemnity for the insured only after its underlying insurance and deductibles are exhausted.

  • May 21, 2024

    Judge Preliminarily OKs $2.4 Million Settlement Of Suit Over Lender’s Data Breach

    BRIDGEPORT, Conn. — Less than three months after consolidating six lawsuits over a financial services firm’s November data breach, a Connecticut federal judge granted preliminary approval to a settlement that establishes a $2.45 million fund to settle negligence and contractual claims against the lender.

  • May 20, 2024

    Insureds To Address Class Exclusion, Diversity In Removed Data Breach Suits

    MADISON, Wis. — The parties in seven putative class actions over a 2024 data breach experienced by a health insurance provider were directed by a Wisconsin federal judge to file briefs addressing several issues related to whether the lawsuits were properly removed from state court and whether they should be consolidated in federal court.

  • May 17, 2024

    9th Circuit Affirms Dismissal Of Suit Over Amazon’s Use Of Alexa Users’ Voices

    PASADENA, Calif. — Finding that Amazon.com Inc. clearly notified consumers that it would use voice data collected via its Alexa digital assistant to send them targeted advertisements, a Ninth Circuit U.S. Court of Appeals panel on May 16 found that invasion of privacy and bad faith claims against the online retailer failed for lack of causation or any expectation of privacy.

  • May 17, 2024

    Burger King Franchisee Seeks Summary Judgment In BIPA Violations Coverage Suit

    CHICAGO — A franchisee of the Burger King chain moved for summary judgment in its breach of contract lawsuit asking an Illinois federal judge to declare that an excess insurer has a duty to defend it against an underlying putative class lawsuit alleging that it violated the Illinois Biometric Information Protection Act (BIPA).

  • May 17, 2024

    9th Circuit Grants En Banc Rehearing Of Data Privacy Suit Against Shopify

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals granted a petition for rehearing en banc of its decision affirming the dismissal for lack of jurisdiction of a putative class complaint accusing a payment processor of violating California privacy and unfair competition laws by concealing that it was collecting, storing and sharing consumers’ personal information.

  • May 17, 2024

    Certification Of Blackbaud Data Breach Classes Denied; Ascertainability Not Shown

    COLUMBIA, S.C. — The named plaintiffs in a multidistrict litigation over a 2020 data breach and ransomware attack experienced by Blackbaud Inc. failed to demonstrate that their proposed classes are “administratively feasible,” a South Carolina federal judge found, denying their motion for class certification while also taking the opportunity to resolve several Daubert motions.

  • May 10, 2024

    Wawa Data Breach Settlement Attorney Fees Award Again Appealed To 3rd Circuit

    PHILADELPHIA — A class member in the consolidated class action over the 2019 data breach experienced by convenience store chain Wawa Inc. maintained his objection to a twice-approved attorney fees award that accompanied a $9 million class settlement, filing notice that he was again appealing the matter to the Third Circuit U.S. Court of Appeals.

  • May 10, 2024

    After Cert Denial, Lindell Drops 4th Amendment Suit Over FBI Phone Seizure

    ST. PAUL, Minn. — Three weeks after the U.S. Supreme Court declined to consider questions about the Fourth Amendment to the U.S. Constitution and injunctive relief raised by Michael J. Lindell in connection with the Federal Bureau of Investigation’s seizure of his cell phone, the MyPillow Inc. Chief Executive Officer’s motion on remand to dismiss the lawsuit was granted by a Minnesota federal judge.

  • May 03, 2024

    Judge Denies Letter Rogatory To Name ‘Civil Society’ Members Targeted By Spyware

    OAKLAND, Calif. — A spyware maker’s attempt to demonstrate that its surveillance software targeted terrorists and criminals, rather than members of “civil society,” can be made without obtaining discovery from a research lab, a California federal judge ruled May 2, denying the defendant’s motion to issue a letter rogatory on the nonparty Canadian entity while seeking to defend itself from computer fraud claims brought by WhatsApp Inc.

  • May 03, 2024

    COVID-19 Contact Tracing Staffing Company Will Pay $2.7M To Settle Privacy Claims

    HARRISBURG, Pa. — A company hired by the Pennsylvania Department of Health to provide staffing for COVID-19 contact tracing will pay $2.7 million to settle claims pending in a federal court in Pennsylvania that it failed to implement sufficient cybersecurity measures to protect collected data, the U.S. Department of Justice (DOJ) announced.

  • May 01, 2024

    Individual Settlement Reached In Papa John’s Website Data Collection Class Suit

    SAN DIEGO — A consumer who filed a putative class complaint accusing Papa John’s International Inc. of violating the California Invasion of Privacy Act (CIPA) through the interception and collection of users’ data on a pizza-ordering webpage filed a notice in a federal court in California stating that he reached an individual settlement.

  • April 30, 2024

    Judge Gives Initial Nod To $9.4M White Castle Finger Scan Class Action Settlement

    CHICAGO — A $9.4 million settlement between White Castle System Inc. and an employee who sued the fast food company for its finger scan policy received preliminary approval from an Illinois federal judge, who deemed the estimated $968 per class member payment to be “substantial relief” for the purported violations of Illinois’ Biometric Information Privacy Act (BIPA) by their employer.

  • April 29, 2024

    High Court Won’t Decide ‘Average’ Class Damages Issue In Chili’s Data Breach Suit

    WASHINGTON, D.C. — A question about the propriety of using an “average” damages amount suggested by the plaintiffs’ damages expert to certify a class will go unheard by the U.S. Supreme Court, which in its April 29 order list denied a petition for certiorari by the owner of the Chili’s restaurant chain, which protested the possibility that customers who suffered no damages at all in a 2018 data breach would still receive these damages awards.

  • April 25, 2024

    FTC: Ring Customers Will Be Paid $5.6 Million For Improperly Viewed Videos

    WASHINGTON, D.C. — In conjunction with a stipulated order issued in June 2023 by a District of Columbia federal court, the Federal Trade Commission announced in a press release that a $5.6 million judgment will be disbursed to customers of Ring LLC whose home security videos were viewed by the company’s employees and contractors without authorization.

  • April 24, 2024

    Parties In WhatsApp Spyware Suit Argue Whether Letter Rogatory Is Appropriate

    OAKLAND, Calif. — WhatsApp Inc., NSO Group Technologies Limited and a nonparty research lab filed briefs in California federal court disputing whether discovery NSO seeks to obtain from the lab via a letter rogatory is relevant, appropriate or necessary to the computer fraud claims at the heart of the lawsuit over the defendant’s spyware.

  • April 23, 2024

    3rd Circuit Hears Arguments In 2 Cases Over Jurisdiction For Wiretapping Software

    PITTSBURGH — Considering questions of personal jurisdiction and pleadings standards, the Third Circuit U.S. Court of Appeals heard combined oral arguments in two putative class actions that were dismissed for lack of jurisdiction, in which Pennsylvania residents alleged violations of a state surveillance statute by Papa John’s International Inc. and a software company, respectively, based on wiretapping computer code that was surreptitiously placed on the devices of website visitors.

  • April 22, 2024

    Federal Judge Stays Class Action Alleging Insurer Illegally Wiretaps Website Users

    PHILADELPHIA — A Pennsylvania federal judge granted an insurer’s motion to stay a putative class action alleging that it illegally wiretaps website users by using third-party session replay software to track and record their navigation, exercising “its considerable discretion to stay these proceedings pending guidance from the Third Circuit U.S. Court of Appeals regarding standing” in what the insurer calls a “strikingly similar” lawsuit.

  • April 22, 2024

    Judge: Disclosure Of Driver’s License Info Did Not Violate New Hampshire Privacy Law

    CONCORD, N.H. — Granting a motion to dismiss by Bath & Body Works LLC (BBW), a New Hampshire federal judge found that the retailer’s transmission of a customer’s driver’s license information to a third-party business partner did not violate the New Hampshire Driver Privacy Act (DPA) because the plaintiff did not establish that a “department record” had been sold or offered for sale.

  • April 19, 2024

    Final OK Given To $62 Million Cy Pres Settlement Of Google Location History Suit

    SAN JOSE, Calif. — The same day he presided over a fairness hearing, a California federal judge issued a minute entry on the court docket on April 18 granting final approval to a $62 million settlement of a consolidated class action over the purported collection and retention of users’ location data by Google Inc., with most of the funds going to cy pres recipients.

  • April 16, 2024

    Law Firm Agrees To $8M Class Settlement After Data Breach

    SAN FRANCISCO — Orrick, Herrington & Sutcliffe LLP has agreed to pay $8 million to end consolidated class litigation filed after the firm’s network was breached and the personal identifiable information (PII) of more than 630,000 individuals was potentially accessed, according to a motion for preliminary settlement approval filed in a federal court in California.