21 results for 'cat:"Consumer Law" AND cat:"Privacy"'.
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
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J. Curiel rules that a class of consumers may pursue invasion of privacy claims against Carnival for allegedly using embedded recording technology on its travel website without disclosure. Although a cookie policy banner is visible to a user without scrolling, it is smaller than the rest of the typeface found on Carnival's homepage and is placed far below the relevant buttons a user can click. Carnival has not shown that the banner appears immediately or persists for the entirety of a user's visit, so the consumers have sufficiently alleged that they did not consent to the interception of their communications.
Court: USDC Southern District of California, Judge: Curiel, Filed On: January 19, 2024, Case #: 3:23cv236, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, consumer Law, privacy
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
J. Warby finds a lower court properly dismissed a consumer's unlawful personal data processing against a payment solutions company. The consumer argued that the information commissioner failed to investigate his right to privacy concerning the company's practice of gathering data without permission. However, the information commissioner is not obligated to decided whether or not his privacy rights were infringed.
Court: Her Majesty's Court of Appeal, Judge: Warby, Filed On: October 10, 2023, Case #: CA-2022-2471, Categories: Government, consumer Law, privacy
J. Azrack dismisses a Video Protection Privacy Act complaint against a digital streaming service company that alleges its Triller on-demand video channel sends users personal information from its website to Facebook through the use of Pixel, a web tracking software that was developed by Facebook. The software only transmits a user’s Facebook ID number and the names of titles watched, thus the complaint fails to allege the disclosure of personally identifiable information.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: September 30, 2023, Case #: 2:22cv5508, NOS: Other Statutory Actions - Other Suits, Categories: consumer Law, privacy
[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. Huff grants Jet Blue's motion to dismiss California Invasion of Privacy Act claims brought by a consumer who says that the airline procures and embeds session reply codes on its website to track and analyze website user interactions. Because the consumer does not allege that she disclosed any personal information to JetBlue and only visited the website to get information on flight pricing, she cannot show that she "suffered any concrete harm that bears a close relationship to the right to control personal information." She, therefore, has not established an injury in fact.
Court: USDC Southern District of California, Judge: Huff, Filed On: June 12, 2023, Case #: 3:23cv361, NOS: Other Statutory Actions - Other Suits, Categories: consumer Law, privacy
J. Conner permits plaintiffs, Pennsylvania residents, to pursue certain consumer protection claims accusing telemarketers of running a number of bogus fundraising campaigns for fake PACs in order to line their pockets with donations because plaintiffs verified telemarketers were directly connected to the political campaigns and that defendants had placed the calls.
Court: USDC Middle District of Pennsylvania, Judge: Conner, Filed On: June 5, 2023, Case #: 1:21cv1668, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Communications, consumer Law, privacy
J. Shah partially grants a medical services consultant company’s motion to dismiss fraud claims, brought by a sports medicine center that received an unsolicited fax for a Covid-19 aftercare seminar from the company. The court dismisses the sports medicine center’s state law fraud claims, but allows its Telephone Consumer Protection Act claims to proceed. The court also denies the sports medicine center’s motion to strike the consultant company’s affirmative defenses.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: May 22, 2023, Case #: 1:22cv4198, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Fraud, consumer Law, privacy