113 results for 'cat:"Privacy" AND cat:"Class Action"'.
J. Bucklo partially grants Microsoft’s motion to dismiss a biometric privacy class action. A sales worker claims his employer captured his facial data via video data he uploaded to an application using Microsoft software, and brought multiple counts under four subsections of the Illinois Biometric Information Privacy Act. The worker’s claim under section 15(a) claim stands, but the court dismisses his 15(b) and (d) claims without prejudice for failure to state a claim.
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: August 21, 2023, Case #: 1:23cv695, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, privacy, class Action
[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
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J. Rochon grants the NBA's motion to dismiss a putative class action alleging that the association violated the Video Privacy Protection Act by sharing his personal viewing information with Facebook without his knowledge or consent. The basketball fan does not plausibly allege he became a video service subscriber by signing up for NBA.com's newsletter or signing on to the NBA app. Viewing videos on the NBA's website or app does not require a viewer to be a subscriber or have an account.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: August 7, 2023, Case #: 1:22cv7935, NOS: Other Statutory Actions - Other Suits, Categories: privacy, class Action, Technology
J. Kennelly partially grants a hospital system's motion to dismiss a class of medical patients' privacy claims. The class alleges that the hospital system clandestinely sold its members' anonymized medical data to Facebook and Google to use for advertising purposes. The class has failed to allege most of its specific privacy claims, and lacks standing for most of its fraud claims, but its breach of contract and Illinois Eavesdropping Act violation claims may proceed.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: July 24, 2023, Case #: 1:22cv5380, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, privacy, class Action
J. Durkin grants a class representative’s motion to add a new plaintiff to her privacy class action against her employer, a tortilla manufacturer. The class representative argues the firm illegally recorded and stored her and her co-workers’ fingerprints whenever they scanned their fingers to clock in or our of work, and the court finds the manufacturer has not shown how it would be unduly prejudicial to add a new named plaintiff to the suit.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: July 19, 2023, Case #: 1:22cv3943, NOS: Other Personal Injury - Torts - Personal Injury, Categories: privacy, class Action, Labor
J. Burroughs remands to state court a class action against a health care organization for allegedly sharing patients’ private data with third parties such as Facebook and Google without patients’ consent, because the health care organization’s alleged conduct was not an example of it acting under a federal authority, was not related to a federal office and “cannot raise a colorable federal offense.”
Court: USDC Massachusetts, Judge: Burroughs, Filed On: July 13, 2023, Case #: 4:23cv10113, NOS: Civil Rights - Habeas Corpus, Categories: Health Care, privacy, class Action
J. McKeown denies a petition for panel rehearing and amends a district court order reversing the district court’s dismissal of a third amended complaint in an action brought by a class of children against Google alleging that it used persistent identifiers to collect data and track their online behavior without their consent in violation of the Children’s Online Privacy Protection Act (COPPA). The district court previously held that the “core allegations” in the third amended complaint were preempted by COPPA. State laws that supplement federal law do not stand as obstacles to Congress’s objectives and are therefore not “inconsistent.”
Court: 9th Circuit, Judge: McKeown, Filed On: July 13, 2023, Case #: 21-16281, Categories: Communications, privacy, class Action
J. Sykes finds the lower court properly dismissed a class action against Google and the University of Chicago over the university medical center's sharing of anonymized patient data with the tech giant as part of a research effort to develop software capable of anticipating patients' future healthcare needs. The inpatients failed to plausibly allege they suffered any concrete injury as a result of the data-sharing, and the patient signed a release approving the university's use of his medical information for approved research purposes. Affirmed.
Court: 7th Circuit, Judge: Sykes, Filed On: July 11, 2023, Case #: 20-3134, Categories: Health Care, privacy, class Action
J. Jenkins grants a television channel’s motion to dismiss a privacy class action, brought by viewers who claim it illegally scraped their video viewing data off of Facebook. The court finds the class of viewers failed to state a claim, as they purchased no service from the television channel and are thus not “consumers” per the Video Privacy Protection Act.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: July 6, 2023, Case #: 1:22cv5963, NOS: Other Personal Injury - Torts - Personal Injury, Categories: privacy, class Action, Technology