8 results for 'cat:"Consumer Law" AND cat:"Privacy" AND cat:"Class Action"'.
J. McCafferty grants a body product company’s motion to dismiss a class action brought against it by a customer claiming the company violated the New Hampshire Driver Privacy Act by sending information from the customer’s driver’s license to a third party without his consent. The customer failed to make a plausible argument that the company sold, rented, offered or exposed for sale his driver’s license or the information contained in it.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: April 18, 2024, Case #: 1:23cv432, NOS: Other Personal Injury - Torts - Personal Injury, Categories: consumer Law, privacy, class Action
J. Schiltz grants the data aggregators' motion to dismiss the consumer's suit alleging that a now-defunct company they sold her data to damaged her reputation by claiming on its website that she had a poor "reputation score." The consumer has alleged an injury-in-fact, traceable to the aggregators, that could be redressed with a favorable judgment. She has not, however, sufficiently pleaded that the defunct company was acting as an agent of the aggregator. Her federal claims fail on that basis, and the court declines to exercise supplemental jurisdiction over her state-law claims.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 29, 2024, Case #: 0:23cv1769, NOS: Consumer Credit - Other Suits, Categories: consumer Law, privacy, class Action
J. Carr denies the newspapers' motion to dismiss, ruling their disclosure of subscribers' personal information to Meta whenever they interacted with a video on the newspapers' websites constitutes a concrete injury and gives the subscribers standing to pursue claims under the Video Privacy Protection Act. Meanwhile, the subscribers are considered consumers under the Act because the purpose of their accounts and submission of personal data is to access the newspapers' main business, the distribution of news, including the videos, which are not ancillary services.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: March 13, 2024, Case #: 3:23cv302, NOS: Other Statutory Actions - Other Suits, Categories: consumer Law, privacy, class Action
J. Lorenz partly grants the consumer's motion to pursue California Invasion of Privacy Act violations against Pappa John's for allegedly using session replay software on its online platform without disclosure. The consumer has sufficiently alleged that Papa John's intercepts the content of users' internet communications rather than simply recording the information. However, their claim for injunctive relief is dismissed because the consumer has not alleged he will visit the Papa John's website again.
Court: USDC Southern District of California, Judge: Lorenz, Filed On: January 12, 2024, Case #: 3:22cv1492, NOS: Other Statutory Actions - Other Suits, Categories: consumer Law, privacy, class Action
J. McCafferty grants a major home improvement company’s motion to dismiss a class action brought against it by a customer for giving information from her driver’s license to a third party without her consent. The consumer’s information, which the company shared, is not department information or a motor vehicle record which was sold, rented, offered or exposed for sale.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: December 19, 2023, Case #: 1:23cv294, NOS: Other Statutory Actions - Other Suits, Categories: consumer Law, privacy, class Action
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[Consolidated.] J. Harris finds that the lower court improperly certified classes for monetary damages on breach of contract and statutory consumer-protection claims against the hotel company and IT service provider following a hack of a guest reservation database. The guest signed a class action waiver agreeing only to resolve disputes individually and not as a class. Vacated.
Court: 4th Circuit, Judge: Harris, Filed On: August 18, 2023, Case #: 22-1744, Categories: consumer Law, privacy, class Action
J. Lobree finds the trial court improperly determined the consumer had standing to bring his class action Telephone Consumer Protection Act lawsuit against the pet supplies store over seven unauthorized automated text messages it sent him over the course of six months after he texted to entered a contest to win free dog food for a year. Because the consumer cannot prove any concrete injury or serious invasion of privacy caused by the texts, the bare allegation that the store violated the letter of the Act does not give him standing to bring his suit. The trial court's class certification is overturned and the case is remanded for dismissal. Reversed.
Court: Florida Courts Of Appeal, Judge: Lobree, Filed On: May 10, 2023, Case #: 21-1174, Categories: consumer Law, privacy, class Action