Data Privacy Monitor

Data Privacy Monitor

Commentary on Data Privacy & Information Security Subjects

Category Archives: Privacy Class Actions

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Federal Magistrate Recommends Dismissing TCPA Class Claims Against Coke

Posted in Privacy Class Actions
Responding to an invitation to text can satisfy TCPA’s Express Consent Requirement In a Telephone Consumer Protection Act (TCPA) putative class action against Coca-Cola and its marketing agent, a Northern District of Alabama magistrate judge recommended dismissal on September 3, 2014 of most of the plaintiff’s claims on grounds that the plaintiff gave Coca-Cola prior … Continue Reading

Clapper Again Stymies Data Breach Class Action

Posted in Data Breaches, Online Privacy, Privacy Class Actions
Editor’s Note: This blog post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. The U.S. Supreme Court’s decision in Clapper v. Amnesty International USA again has been relied on by a federal district court to hold that the “mere loss of data” in a data breach case does not constitute an injury sufficient to … Continue Reading

New Jersey Federal Court Applies Supreme Court’s Clapper Decision and Dismisses Data Breach Class Action

Posted in Privacy Class Actions
This blog post is a joint submisssion with BakerHostetler’s Class Action Lawsuit Defense blog. Relying in part on the recent United States Supreme Court’s ruling in Clapper v. Amnesty International, a federal judge in New Jersey dismissed a putative data breach class action against three healthcare entities and a vendor retained by each the entities.  … Continue Reading

Class Action Settlement Based on Voucher Payout Wins Preliminary Approval by California District Court

Posted in Privacy Class Actions
Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. On November 5, 2013, a California federal district court preliminarily approved a revised coupon-based class action settlement agreement between plaintiffs and OfficeMax (see Order Granting Preliminary Approval of Revised Class Action Settlement Agreemeent). As reported here in September, the court … Continue Reading

Call Me, Maybe? A Nationwide Survey of Insurance Coverage for TCPA Class Actions

Posted in Privacy Class Actions
Co-authored by: Zack Rosenberg Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. The Telephone Consumer Protection Act (TCPA) restricts telephone solicitations and limits the use of automatic dialing systems, prerecorded voice messages, SMS text messages, and faxes. TCPA plaintiffs typically claim that they received unwanted calls, texts or … Continue Reading

Not Just Yet, Again…Class Action Plaintiff Fails in Second Bid to Access a TCPA Defendant’s Insurance Coverage

Posted in Privacy Class Actions
Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. On October 7, 2013, a Missouri federal court judge held that a class action plaintiff that alleged violations of the Telephone Consumer Protection Act (TCPA) lacked standing to seek coverage under the defendant’s insurance policies. Nationwide Mutual Insurance Company v. Harris Medical … Continue Reading

Wal-Mart Prevails in Credit Card Class Battle Over Practice of Collecting Addresses and Phone Numbers

Posted in Privacy Class Actions
Authored by: Julian Perlman Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. In a victory for Wal-Mart Stores, Inc., a federal district court judge has refused to certify a Rule 23(b)(3) class in a lawsuit for violation of California’s Song-Beverly Credit Card Act (Cal. Civ. Code § 1747 et seq., … Continue Reading

Opening the Flood Gates? California Voters May Create Presumption of Harm in Privacy Breach Cases

Posted in Data Breaches, Privacy, Privacy Class Actions, Privacy Litigation
Authored by: Julian Perlman Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. California has moved one step closer towards amending its Constitution to create a presumption of harm whenever personal data is shared without a consumer’s express opt-in, a change that would clear a significant hurdle to many privacy breach … Continue Reading

District Court rejects supervisor liability for state employee’s motor vehicle record data breach

Posted in Privacy Class Actions
Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog and was authored by Matthew Moody and Sammatha Clegg In a recent decision, the Federal District Court of Minnesota found that state agencies were not liable in a data breach class action suit involving a rogue employee’s unauthorized viewing of personal information … Continue Reading

OfficeMax Class Action Zip Code Plaintiffs Again Seek Approval for Settlement and Attorney Fee Payment

Posted in Privacy Class Actions
Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. Lawyers representing a purported class of customers who accused retailer OfficeMax North America Inc. (OfficeMax) of illegally recording their zip codes tried again this week to gain court approval of a settlement deal agreed to with OfficeMax. Dardarian v. OfficeMax Inc., case … Continue Reading

Class Action Plaintiffs Lack Standing under Clapper to Sue Barnes & Noble for Credit Card Data Breach

Posted in Data Breaches, Payment Card Industry, Privacy Class Actions
Editors’ Note: This blog post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. Relying heavily on the Supreme Court’s recent Clapper decision, a federal court dismissed a class action lawsuit arising out of a “skimming” data breach against Barnes & Noble (BN). In re Barnes & Noble Pin Pad Litigation, Case # 12-cv-8617 (N.D.Ill. … Continue Reading

Another Blow to Data Breach Class Actions: Bell, et al. v. Blizzard Entertainment, Inc.

Posted in Privacy Class Actions
Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. On July 11, 2013, the U.S. District Court for the Central District of California dismissed a majority of the claims brought against Blizzard Entertainment, Inc. after a data breach suffered by Blizzard in 2012. In granting the motion for judgment … Continue Reading

Seventh Circuit Denies 26(f) Relief Allowing A Potentially Massive Privacy Class to Proceed to Trial in Harris v. comScore

Posted in Privacy Class Actions
This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. As reported here in April, an Illinois federal district court certified a privacy class that could number tens of millions of plaintiffs in the case of Harris v. comScore. The plaintiffs claimed that comScore, an online data research company, violated the Stored Communications … Continue Reading

Illinois Supreme Court Finds Insurance Coverage for TCPA Claims under Traditional Liability Policies

Posted in Privacy, Privacy Class Actions
This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. The Illinois Supreme Court held on May 23, 2013, that claims based on alleged violation of the Telephone Consumer Protection Action (TCPA) are covered under traditional general liability policies.  Standard Mut. Ins. Co. v. Lay,  2013 IL 114617 (Ill. 2013).  In so … Continue Reading

Hannaford vs. comScore – Up and Down Results for Privacy Class Action Defendants

Posted in Privacy, Privacy Class Actions
Editor’s note: This is a cross-blog post with BakerHostetler’s Class Action Lawsuit Defense blog.  For the latest class action defense updates, visit www.ClassActionLawsuitDefense.com. Sighs of relief by class actions defendants following the denial of class certification in Hannaford may give way to renewed uncertainty now that a massive class, estimated by the plaintiffs’ lawyer to be more than a … Continue Reading

South Korea Court Opens the Door for Unintentional Data Breach Collective Actions

Posted in Data Breaches, International Privacy Law, Litigation, Privacy Class Actions, Privacy Litigation
Authorship Credit:  Nathan A. Schacht This is a cross blog post with BakerHostetler’s class action blog.  For the latest in class action developments, visit classactionlawsuitdefense.com.  On February 15, 2013, the Seoul Western District Court in South Korea issued a judgment in a collective consumer action against a South Korean company for a data breach involving … Continue Reading

Magistrate Recommends Dismissal with Prejudice of Claims Against Global Payments

Posted in Payment Card Industry, Privacy Class Actions
Global Payments, which processes credit card transactions, announced on March 30, 2012 that an unauthorized person gained access to a portion of its processing system.  Global Payments later disclosed that Track 2 data (card number, expiration date, verification code but not cardholder name or address) of 1.5 million cardholders were taken.  Three individuals brought a … Continue Reading

Recent Trends in Class Actions for Telephone and Fax Solicitation and Advertising

Posted in Privacy, Privacy Class Actions
Authorship Credit: Justin T. Winquist Editor’s Note: This post is a joint submission to BakerHostetler’s Class Action Lawsuit Defense blog. Class actions under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, continue to be an active trend in consumer and privacy class action litigation. The TCPA, which was historically called the “fax blast” statute, … Continue Reading