As we discussed in a recent webcast, there has been a surge in litigation focused on companies’ use of Meta Pixel, which is tracking code that enables the sharing of user online activity with Facebook. Recent litigation has alleged that use of Meta Pixel with online videos violates the Video Privacy Protection Act (VPPA).
Webinar Recording – Assessing the Surge in Wiretap Litigation
In the past several months, plaintiff’s lawyers have filed dozens of class action lawsuits under state wiretap laws, some of which provide for statutory damages of $5000 per occurrence or more. The lawsuits focus on the use of chatbots, “session replay” software, and tracking code embedded in websites. Plaintiffs contend these tools enable the
Third Circuit Becomes First Court of Appeals to Address Article III Standing in a Data Breach Case Post TransUnion
The Third Circuit recently became the first federal appellate court to address the question of whether the victim of a data breach has Article III standing to bring a claim for damages based on the fear of identity theft since the Supreme Court’s decision in TransUnion v. Ramirez in 2021. The Third Circuit, in Clemens
Verdict in Favor of Plaintiffs in First BIPA Jury Trial – Potential Damages Still Unresolved
The jury returned a verdict in favor of the plaintiffs in the first trial for violations of the Illinois Biometric Privacy Act (“BIPA”), which was conducted in the District Court for the Northern District of Illinois. Rogers v. BNSF Ry. Co., No. 1:19-cv-03083. A jury found that BNSF Railway violated BIPA by maintaining an
Third Circuit Ruling in Wiretap Case May Bring Greater Scrutiny to Privacy Policy Disclosures
In a class action with potentially significant impact on data sharing disclosures that companies routinely provide in online privacy policies, the Third Circuit recently ruled that NaviStone, a third party marketing service, was not a “direct party” under the Pennsylvania Wiretapping and Electronic Surveillance Control Act (WESCA) and thus was potentially subject to liquidated damages
Predictions for Privacy & Data Security in 2022
2021 proved to be a momentous year for privacy and data security law. The scourge of ransomware continued last year, leading to record-setting ransomware payments, a muscular response from the federal government, a hardening insurance market, and significant corporate anxiety. Two more U.S. states passed comprehensive data privacy laws in 2021. The FTC was very active, issuing new guidance for artificial intelligence (AI), publishing revisions to the GLBA Safeguards Rule, and bringing new enforcement actions. The U.S. Supreme Court issued a number of opinions that had the effect of narrowing the scope of key privacy statutes while biometric litigation in Illinois exploded. The European Commission promulgated new rules for cross-border transfers, and U.S. state regulatory enforcement activities ramped up.
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Exploring the Rise in State Wiretap Claims
The latest wrinkle in the ever-changing world of data privacy litigation is the recent surge in state wiretap claims. What began as a trickle over the summer of 2020 has grown into a clear wave as plaintiffs have filed dozens of lawsuits against prominent tech, eCommerce, entertainment, and retail companies under state wiretap laws. These lawsuits seek statutory damages for the alleged interception of consumers’ electronic communications through the defendant’s use of various website analytic tools. Insofar as the use of website analytics tools is ubiquitous on the internet, privacy litigators are carefully watching the progress of these state wiretap claims. If successful, state wiretap claims could become the next TCPA, threatening virtually every company with a sizable web presence in the U.S.
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Facebook BIPA Class Settlement Receives Preliminary Approval
On August 19, 2020, the United States District Court for the Northern District of California granted preliminary approval of the class action settlement in In re Facebook Biometric Information Privacy Litigation, 3:15-cv-03747-JD. If the settlement receives final approval, Facebook would pay $650 million to Illinois class members as compensation for violations of the Illinois
Increased Use of Zoom Raises Privacy and Security Concerns
In light of COVID-19, many organizations are taking advantage of free video conferencing capabilities offered by Zoom. Almost overnight, Zoom has become one of the most popular video conferencing services among businesses and schools. Daily Zoom users have skyrocketed from 10 million users in December 2019 to 200 million users in March 2020.
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Equifax Reaches Historic $575 Million Settlement Agreement Arising from 2017 Data Breach
Equifax has agreed to pay $575 million to settle consumer as well as state and federal regulatory claims for its 2017 data breach. This is the largest data breach settlement to date.
Continue Reading Equifax Reaches Historic $575 Million Settlement Agreement Arising from 2017 Data Breach