113 results for 'cat:"Privacy" AND cat:"Class Action"'.
J. Pechman grants the customers' unopposed renewed motion for preliminary approval of a $2.45 million settlement for their class action accusing the consumer debt collector of not taking adequate measures to protect the customers' sensitive data from a data breach. Class members may seek up to $1,500 for ordinary out-of-pocket expenses related to the data breach or up to $10,000 for extraordinary expenses.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 20, 2024, Case #: 2:22cv1558, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Settlements, privacy, class Action
J. Tigar grants class certification and puts in place a preliminary injunction in a civil rights dispute with San Francisco over the Sheriff's office's use of electronic monitoring practices for criminal defendants on pretrial release. A four-way search provision that allows an officer to search a pretrial releasee and their property upon encountering them without a warrant, as well as a data sharing rule that lets the Sheriff's office share GPS ankle monitor data with other agencies, could pose unlawful privacy risks that have not been proven to be necessary. The practices are barred from being enforced while the dispute plays out.
Court: USDC Northern District of California, Judge: Tigar, Filed On: February 13, 2024, Case #: 4:22cv5541, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, privacy, class Action
J. Boulee grants the corporation's motion to compel arbitration in a putative class action brought by the news website subscriber alleging that the corporation shared her personal information without her consent in violation of the Video Privacy Protection Act. The subscriber, who signed up for an account on the news website via Facebook, agreed to the arbitration provision through a valid browsewrap agreement when she registered her account.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: February 12, 2024, Case #: 1:22cv4462, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, privacy, class Action
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J. Orrick denies Meta's request to dismiss class privacy claims over pixel tracking technology that web users say Meta has been installing in various websites in order to collect private medical data from users. The case is one of many similar ones around the country over the same issue, and Meta's defense that it was just a "passive" recipient of the private information is not enough to shield the company. The class has properly alleged that Meta aggressively targeted different websites to be potential clients for the pixel tracking tool.
Court: USDC Northern District of California, Judge: Orrick, Filed On: February 12, 2024, Case #: 3:23cv4784, NOS: Other Fraud - Torts - Personal Property, Categories: Unfair Competition, privacy, class Action
J. Lorenz grants JP Boden Services' motion to dismiss the consumer's Video Privacy Protection Act claims alleging that the company captures visitors' personal identifiable information while they view videos on its website. The consumer fails to plausibly allege that she "acted as a 'purchaser' or 'subscriber' sufficient to constitute a 'consumer' under the VPPA upon viewing a six-second video snippet when she landed on the Boden retail website." Therefore, the protections of the VPPA do not extend to her.
Court: USDC Southern District of California, Judge: Lorenz, Filed On: February 12, 2024, Case #: 3:23cv534, NOS: Other Statutory Actions - Other Suits, Categories: privacy, class Action, Technology
J. Smith finds that the district court properly granted a company’s motion to compel arbitration and dismissed without prejudice consumers' six putative class actions arising from a data breach of the company’s websites. The class members had sufficient notice of the underlying arbitration provision. Affirmed.
Court: 9th Circuit, Judge: Smith, Filed On: February 12, 2024, Case #: 22-56078, Categories: Arbitration, privacy, class Action
J. Kennelly denies a workforce management technology company’s motion for the court to reconsider its decision granting class certification to the employees of one of the company’s clients. Those employees allege, in a class action complaint, that their employer violated Illinois biometric privacy law by nonconsensually collecting their fingerprints on the technology company’s finger-scanning timeclocks. The court finds the company has offered no new reason why the court should reconsider its past ruling granting the employees class certification.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: February 2, 2024, Case #: 1:21cv3400, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, privacy, class Action
[Consolidated.] J. Pallmeyer declines to dismiss multiple TikTok users’ privacy claims against the social media company on the basis of a prior $92 million class settlement in this multidistrict case. The users claim TikTok’s in-app browser illegally and clandestinely harvested their personal and biometric data, and the court finds their claims are similar, but not identical, to claims raised in the initial multidistrict litigation. The court will thus, for now, allow the users’ claims to go forward “on behalf of former settlement class members that arise from conduct related to the in-app browser predating the settlement’s effective date.”
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: January 25, 2024, Case #: 1:20cv4699, NOS: Other Statutory Actions - Other Suits, Categories: privacy, Business Practices, class Action
J. Huff grants weight loss platform Noom's motion to dismiss a user's invasion of privacy class action for Noom's alleged use of "Session Replay Code," which enables website operators to record and replay visitors' interactions with the website. The user lacks Article III standing because she has not alleged that Noom has tracked or disclosed any individually identifiable data or that it has anything to connect the information the user allegedly disclosed via a Noom survey to her.
Court: USDC Southern District of California, Judge: Huff, Filed On: January 22, 2024, Case #: 3:23cv285, NOS: Other Statutory Actions - Other Suits, Categories: privacy, class Action
J. Richard Nelson grants the cyberattack target's motion to stay proceedings pending a decision by a Judicial Panel on Multidistrict Litigation regarding whether to centralize this and several related actions arising from the release of personal information in a ransomware attack and transfer them to this District. The likely short duration of a stay minimizes any potential for prejudice against the alleged data breach victims, granting the stay would avoid the potential hardship of having to relitigate issues voided by centralization, and the stay would have minimal effect on judicial resources on its own but, in light of the numerous other ongoing proceedings, would reduce the risk of duplicative or inconsistent rulings on pending motions to dismiss.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: January 18, 2024, Case #: 0:23cv533, NOS: Other Personal Injury - Torts - Personal Injury, Categories: privacy, class Action
J. Murguia orders that a case be reheard. The three-judge panel opinion is vacated. The matter stems from a privacy and misappropriation of name and likeness class action in which defendant allegedly used the class lead's name and personal information, including contact information and work histories, to promote its subscription service and sold access to that information without consent.
Court: 9th Circuit, Judge: Murguia, Filed On: January 18, 2024, Case #: 22-35305, Categories: privacy, class Action
J. Gallagher denies a video subscription service’s motion for reconsideration in this class action filed by subscribers that claim the website unlawfully disclosed to Facebook their personally identifiable information in violation of the Video Privacy Protection Act and the California state law. The video subscription service has not provided the court with any authority that online users manifest assent to a provider’s terms. The court also denies the class of subscribers’ motion to appoint counsel because the factors outlined have not been met.
Court: USDC Maryland, Judge: Gallagher, Filed On: January 17, 2024, Case #: 1:23cv2265, NOS: Other Statutory Actions - Other Suits, Categories: privacy, class Action
J. Davila grants final approval to a $10 million settlement in a class action brought by Health Net customers who were impacted by a data breach. Each class member may submit a claim to receive credit monitoring services for three years, a cash fund payment, or a documented loss payment of up to $10,000. The settlement also calls for Health Net to implement and maintain data security measures for 5 years.
Court: USDC Northern District of California, Judge: Davila, Filed On: January 16, 2024, Case #: 5:21cv3322, NOS: Other Contract - Contract, Categories: Settlements, 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. Smith finds a lower court properly dismissed a class of patients' medical privacy claims against a health system. The class of patients argued that the health system provided their personal information on Google and Facebook, in order to obtain incentive payments and targeted ads. However, the health system presented sufficient evidence that the information uploaded in its portal was "depersonalized" metadata, and that the online patient portal is not a "basic governmental task," which triggers a remand to State court. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: December 28, 2023, Case #: 23-1107, Categories: Health Care, privacy, class Action
J. Rubin dismisses a class action claiming that the weight loss company Noom is wiretapping to spy on visitors to its website, recording their keystrokes, mouse clicks and page scrolling to collect real-time data. The consumer fails to disclose the specific personal information that was accessed, so they could not show what injury was suffered.
Court: USDC Maryland, Judge: Rubin, Filed On: December 27, 2023, Case #: 1:23cv641, NOS: Other Statutory Actions - Other Suits, Categories: Tort, privacy, class Action
J. Blackwell partially grants the healthcare provider's motion to dismiss a class action alleging that it improperly linked patients' private health information and healthcare-related web activity to their Facebook profiles. Minnesota Health Records Act, invasion of privacy, breach of implied contract, unjust enrichment, negligence and Wiretap Act claims survive, as does one under the Minnesota Uniform Deceptive Trade Practices Act. Claims for breach of fiduciary duty and breach of confidence are dismissed, since the patients have not alleged that the healthcare provider was a fiduciary nor that Minnesota courts have recognized a common law "breach of confidence" claim of this kind.
Court: USDC Minnesota, Judge: Blackwell, Filed On: December 21, 2023, Case #: 0:23cv267, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Fiduciary Duty, privacy, class Action
J. Rothstein dismisses the consumers' class action asserting that some versions of Microsoft Edge secretly collect the consumers' data while they browse the internet and then send the data to Microsoft, even if the consumers use "private" mode. The consumers do not prove that they have sufficient Article III standing for their claim, because they do not show that the collected browser information that is central to their complaint is a legally protected privacy right.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: December 21, 2023, Case #: 2:23cv1104, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: privacy, class Action, Technology
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
J. St. Eve finds that the lower court properly found for the County and dismissed a class action filed by pre-trial detainees alleging that the use of camera to record holding cell toilets infringed their Fourth Amendment privacy rights. The security risks inherent to the jail setting require the court to grant great deference to prison administrators' assessment of the security needs, such as addressing emergencies and monitoring detainees with behavioral or mental health problems. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: December 18, 2023, Case #: 22-2863, Categories: privacy, class Action, Prisoners' Rights
J. Cole grants a class of plaintiff truck drivers’ motion to compel the production of damages data. A railroad company captured thousands of truck drivers’ fingerprints when the drivers passed through its gates in Illinois, in violation of the state’s privacy law governing biometric information, and the court finds it appropriate for the company to produce data of every fingerprint scan it captured.
Court: USDC Northern District of Illinois, Judge: Cole, Filed On: December 13, 2023, Case #: 1:20cv390, NOS: Other Contract - Contract, Categories: privacy, Discovery, class Action