Mealey's Data Privacy

  • June 25, 2026

    Judge Partly Denies Online Pharmacy’s Motion To Dismiss Wiretap, CIPA Claims

    SAN FRANCISCO — A federal judge in California granted in part and denied in part an online pharmacy’s motion to dismiss claims under the federal Wiretap Act and denied its motion to dismiss claims under the California Invasion of Privacy Act (CIPA) in a putative class action alleging that the pharmacy configured and deployed Facebook’s pixel on its website and mobile application to facilitate the interception of users’ personal and health information by Meta Platforms Inc. without consent, refusing to dismiss either claim on the basis of consent to the extent the claim concerns the purported unlawful interception of personal health information.

  • June 24, 2026

    Media Company Asks High Court To Narrow VPPA Consumer Definition

    WASHINGTON, D.C. — A media and entertainment company argues in a June 23 respondent brief that the U.S. Supreme Court should affirm the Sixth Circuit U.S. Court of Appeals’ judgment that a California man is not a “‘consumer’” under the Video Privacy Protection Act (VPPA) because he subscribed only to a free newsletter, not to audiovisual goods or services from a videotape service provider and because the man’s contrary reading of the VPPA’s definition of “‘consumer’” would transform a targeted video-rental privacy statute into an internet-privacy law backed by statutory and punitive damages.

  • June 24, 2026

    High Court Vacates 6th Circuit Ruling In Murder-For-Hire Wiretap Dispute

    WASHINGTON, D.C. — The U.S. Supreme Court granted a petition for a writ of certiorari, vacated the Sixth Circuit U.S. Court of Appeals’ affirmance of a murder-for-hire conspiracy conviction and remanded for further consideration in light of the government’s position that the Federal Wiretap Act does not contain a clean-hands exception allowing prosecutors to use a secretly recorded FaceTime call in which the petitioner allegedly discussed paying two people to kill individuals who had criticized or threatened her.

  • June 24, 2026

    Some Challenges To Trump’s Voter Data Executive Order Allowed To Proceed

    BOSTON — A Massachusetts federal judge granted in part and denied in part motions to dismiss consolidated challenges to President Donald J. Trump’s voter data executive order, holding that claims concerning elections after Nov. 3, 2026, are prudentially unripe but that challenges concerning the 2026 midterm and earlier elections may proceed because the order imposes near-term agency deadlines and creates a “direct and immediate” dilemma for plaintiffs.

  • June 23, 2026

    Federal Judge Vacates 2025 Voting Citizenship Verification System, Notices

    WASHINGTON, D.C. — A federal judge in the District of Columbia on June 22 set aside and vacated the 2025 Systematic Alien Verification for Entitlements (SAVE) system and related notices, which were created in response to an executive order (EO) to verify the citizenship and immigration status of voters, as “contrary to law, arbitrary and capricious, in excess of statutory authority, and without observance of procedure required by law.”

  • June 23, 2026

    Restaurant Website Data Tracking Class Action Narrowed After Dismissal Ruling

    SAN FRANCISCO — A California federal magistrate judge granted in part and denied in part a second motion to dismiss a proposed class action alleging that restaurant companies continued tracking their website users after they declined cookies, holding that the website users cured earlier pleading defects but failed to adequately plead a wiretapping claim under the California Invasion of Privacy Act (CIPA) and could not proceed on certain time-barred CIPA claims tied to specific plaintiffs and restaurant-brand websites.

  • June 19, 2026

    Federal Judge Closes BIPA Violation Coverage Suit After Parties Seek Dismissal

    CHICAGO — Three days after the parties filed a stipulation of dismissal, a federal judge in Illinois dismissed an employer’s lawsuit seeking commercial general liability and umbrella insurance coverage for an underlying putative class action alleging that it violated the Illinois Biometric Information Privacy Act (BIPA) by disseminating electronic information derived from the scanning of its employees’ biometric identifiers to third parties without their consent.

  • June 19, 2026

    $515K Class Settlement OK’d In Marine Manufacturer Employee’s Data Breach Suit

    WASHINGTON, D.C. — A District of Columbia federal judge granted final approval of a $515,000 nonreversionary class settlement and $2,500 service awards for each of two named plaintiffs in a suit alleging that a marine manufacturer failed to safeguard personally identifiable information (PII) of employees and benefit recipients that was allegedly accessed during an April 2023 cyberattack.

  • June 19, 2026

    1 Class, 2 Subclasses Certified In Apple Biometric Data Class Action Case

    EAST ST. LOUIS, Ill. — An Illinois federal judge certified a class and two subclasses of Illinois citizens accusing Apple Inc. of violating the state’s Biometric Information Privacy Act (BIPA) through the iOS Photos app’s People album feature, holding that common questions predominate in the long-running biometric data suit because whether Apple collected or possessed biometric data without complying with BIPA written disclosure requirements can be resolved on a classwide basis.

  • June 18, 2026

    Utah Federal Judge Consolidates 33 Education Data Breach Complaints

    SALT LAKE CITY — A Utah federal judge consolidated 33 actions arising from the same data breach, finding that the cases assert common causes of action against a web-based learning management system that provides services for school, seek certification of overlapping classes and call for determination of the same legal questions in litigation alleging that a cyberattack group exposed personally identifiable information (PII) maintained through the company’s online platform.

  • June 18, 2026

    Data Breach Class Action Gets Final Approval After Appeals Court Remand

    INDIANAPOLIS — An Indiana state judge granted final approval to a claims-made class action settlement resolving a data breach suit against an IT services company filed by a former employee, approving benefits that include reimbursement of up to $750 for ordinary losses, up to $5,000 for extraordinary fraud or identity theft losses, plus separate payments of $195,000 in attorney fees and expenses and a $2,500 service award.

  • June 17, 2026

    Minors’ Claims Of Data Collection By Disney, YouTube Too Vague, Judge Says

    LOS ANGELES — A California federal judge adopted as final his tentative ruling dismissing a putative class action brought by minors who allege that, while under age 13, their personally identifiable information (PII) was collected from Disney videos on YouTube in violation of California’s unfair competition law (UCL) and federal privacy laws, writing that the claims are insufficiently detailed because the plaintiffs do not allege which videos their children watched that were not designated “for kids.”

  • June 15, 2026

    Judge Grants Protective Order Under FERPA In Suit Against College

    SPOKANE, Wash. — Saying in part that he did not conclude that the Family Educational Rights and Privacy Act (FERPA) “creates an evidentiary privilege,” a Washington federal judge granted a motion for a protective order in a student’s suit against a public community college “to the extent Plaintiff has not demonstrated relevance or that his need for the information outweighs any privacy interests.”

  • June 15, 2026

    Chrome Users Allowed To Pursue Federal Wiretap Act, Privacy Claims Against Google

    OAKLAND, Calif. — A California federal judge partly granted Google LLC’s motion to dismiss dormant claims in a proposed privacy class action over Chrome data collection but allowed Federal Wiretap Act, invasion of privacy, California Comprehensive Computer Data Access and Fraud Act (CDAFA) and declaratory relief claims to proceed after finding that Google had not shown at the pleading stage that the challenged data collection was consented to, exempt from the Federal Wiretap Act or tied to Google’s Chrome privacy representations.

  • June 09, 2026

    Entities Behind Grok AI Contest Need For Pseudonymity In Deepfake Suit

    SAN JOSE, Calif. — Two companies that operate the Grok artificial intelligence system asked a judge in a reply brief to compel a plaintiff who was granted permission to proceed under a pseudonym to use her real name, saying that doing so ensures federal rules are followed, furthers the public interest and does not implicate privacy concerns.

  • June 09, 2026

    FTC Orders Education Tech Company To Strengthen Security After Student Data Breach

    WASHINGTON, D.C. — The Federal Trade Commission ordered an education technology company to delete unnecessary data, limit future data retention and strengthen its information security program,  resolving an administrative proceeding over alleged FTC Act violations tied to a breach that exposed the personal information of more than 10.1 million students.

  • June 09, 2026

    Appeal Filed In Voter Data Case As More DOJ Voter List Suits Dismissed

    WASHINGTON, D.C. — A group of Democratic organizations and lawmakers appealed the denial of preliminary injunctive relief in a District of Columbia federal court in consolidated challenges to President Donald J. Trump’s March 2026 voter data executive order (EO), while federal courts in related voter data litigation have dismissed or stayed several U.S. Department of Justice (DOJ) actions seeking unredacted statewide voter registration lists.

  • June 09, 2026

    Wisconsin Opposes High Court Review In Snapchat CyberTip Search Dispute

    WASHINGTON, D.C. — The state of Wisconsin urged the U.S. Supreme Court to deny review of a Fourth Amendment challenge arising from a prosecution based on child sexual abuse material found after law enforcement viewed a hash-matched Snapchat CyberTip video without a warrant, arguing that the state high court’s private-search ruling was interlocutory, that the petition is a “poor vehicle” for resolving a circuit split and that the challenged issue would not affect the prosecution even if suppression were required.

  • June 04, 2026

    1st Circuit Denies Bid For Injunction Pending Appeal In DOJ Subpoena Litigation

    BOSTON — Declining to issue an injunction pending appeal in a dispute that is playing out in two federal jurisdictions over a U.S. Department of Justice (DOJ) administrative subpoena, the First Circuit U.S. Court of Appeals said the movant “simplyhas not shown the irreparable harm required to obtain that ‘extraordinary’ relief.”

  • June 04, 2026

    Split U.S. High Court Finds FCC Forfeiture Orders Do Not Violate 7th Amendment

    WASHINGTON, D.C. — In an 8-1 ruling issued June 4 by the U.S. Supreme Court in consolidated cases in which Verizon Communications Inc. and AT&T Inc. asserted constitutional challenges to the Federal Communications Commission’s enforcement of monetary forfeitures under the Communications Act, a majority held that the FCC’s forfeiture orders do not violate the Seventh Amendment to the U.S. Constitution because the forfeiture proceedings do not resolve the parties’ legal obligations.

  • June 04, 2026

    D.C. Federal Judge Partially Enjoins White House Presidential Records Guidance

    WASHINGTON, D.C. — Invoking George Orwell’s warning that “‘Who controls the past controls the future; who controls the present controls the past,’” a District of Columbia federal judge partly granted preliminary injunction motions in two related challenges to the executive branch’s position that the Presidential Records Act (PRA) is unconstitutional, finding that the plaintiffs showed likely informational injury, reviewability, success on the merits, irreparable harm and a public interest in preserving presidential records during the litigation.

  • June 03, 2026

    $1.2M Settlement Approved In Video Game Website Data Tracking Dispute

    SAN FRANCISCO — A California federal judge granted final approval of a $1.2 million class action settlement and $5,000 service awards to both named plaintiffs in litigation alleging that a website operator violated the California Invasion of Privacy Act (CIPA) by using third-party trackers on a video game website to collect users’ IP addresses and other identifiers without consent, rendering the trackers unauthorized “‘pen registers’” under the statute.

  • June 01, 2026

    Law Firm Faces Proposed Class Action Over Personal Data Breach

    WASHINGTON, D.C. — An individual whose personal data was allegedly accessed in a cyberattack filed a proposed class complaint in a District of Columbia federal court against a law firm, asserting that the firm failed to adequately safeguard sensitive information allegedly obtained from third parties and delayed notice for months after discovering unauthorized access to its systems.

  • May 29, 2026

    California Sues 23AndMe For Failure To Protect Genetic Data

    LOS ANGELES — The California attorney general filed a complaint on behalf of the state against the successor entities of the 23andMe genetic testing company seeking civil penalties and injunctive relief for its alleged violations of California’s unfair competition law (UCL) and other laws based on the company’s failure to protect customers’ genetic data from a cyberattack.

  • May 29, 2026

    Panel: No Excess E&O Coverage Owed For FTC Investigation, Civil Suits Against Zoom

    SAN JOSE, Calif. — A California appeals court panel affirmed a lower court’s summary judgment ruling in favor of an excess errors and omissions insurer in Zoom Video Communications Inc.’s breach of contract lawsuit seeking coverage for the more than $6.6 million it paid to resolve a Federal Trade Commission (FTC) investigation and the $85 million that it paid to settle civil lawsuits challenging its data security practices, holding that the FTC’s civil investigative demand (CID) was not a claim to trigger coverage under the policy.