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Mealey's Data Privacy

July 15, 2024
9th Circuit Affirms Remand Of Data-Sharing Class Claims Against Medical Center

PASADENA, Calif. — A Ninth Circuit U.S. Court of Appeals panel affirmed a judge’s ruling remanding putative class action claims for invasion of privacy and violation of California’s unfair competition law (UCL) against a health care provider based on its usage of various tracking tools in its website and app, finding that federal directives regarding online patient access do not create “federal officer jurisdiction.”
July 12, 2024
On Remand, Judge Dismisses Kids’ Privacy Claims Against YouTube, Google

SAN JOSE, Calif. — A California federal magistrate judge court granted YouTube LLC, Google LLC and several YouTube kids’ channel-operators’ motion to dismiss minor plaintiffs’ putative class claims for violating their privacy and consumer protection statutes, including California’s unfair competition law (UCL), by collecting the minors’ personally identifiable information (PII).
July 12, 2024
Anonymous Messaging App And Founders Must Pay $5M, Ban Minors Under Consent Order

LOS ANGELES — The Federal Trade Commission and the state of California jointly filed a consent order in California federal court with a company that operates an anonymous messaging app and two of its founders requiring the defendants to pay $5 million and permanently enjoining the company from allowing minors to use its app, resolving claims that the company violated the Children’s Online Privacy Protection Act (COPPA), California’s unfair competition law (UCL) and other laws.
July 10, 2024
Insurer Disputes Coverage For BIPA Suits Over Food Phone Orders Handled By AI

CHICAGO — A businessowners insurer filed suit in an Illinois federal court seeking a declaratory judgment that it owes no coverage for two underlying putative class action lawsuits alleging that its insured and two franchise restaurants violated the Illinois Biometric Information Privacy Act (BIPA) when they used the insured’s voice artificial intelligence technology to handle phone orders from customers.
July 09, 2024
In Camera Review Ordered Of Clawed-Back Documents In Amazon Alexa Privacy Suit

SEATTLE — A Washington federal judge on July 8 found that plaintiffs who sued Amazon.com Inc. over the unauthorized recording and retention of private conversations sufficiently established “a good faith belief” that at least some of the more than 2,000 documents that the defendant clawed back from its discovery production were improperly withheld as privileged, granting their motion for in camera review of those documents.
June 28, 2024
WhatsApp Seeks Letter Rogatory To Depose Spyware Firm’s Israel-Based Employees

OAKLAND, Calif. — In its motion for issuance of a letter rogatory to obtain the testimony of 11 witnesses residing in Israel, WhatsApp Inc. represents that these past and present employees of NSO Group Technologies Limited “have relevant information regarding” the company’s purported computer fraud, complaining that the defendant “has refused to make them available for depositions.”
June 26, 2024
$7.25 Million Settlement Of Lincare Data Breach Receives Final Approval

TAMPA, Fla. — Two years after Lincare Holdings Inc. was first hit with class claims over a data breach that it experienced in 2021, a Florida federal magistrate judge granted final approval to a settlement with a group of the company’s patients that will provide $7.25 million to cover class members’ claims, attorney fees and other costs and relief.
June 25, 2024
Judge Vacates HHS Rule Over Health Care Providers’ Use Of Tracking Technology

FORT WORTH, Texas — A standard established in two recent U.S. Department of Health and Human Services subagency bulletins for determining when online tracking technology has gathered internet users’ individually identifiable health information (IIHI) in violation of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) was vacated by a Texas federal judge, who found that the guidance exceeded HHS’s authority under HIPAA and ran afoul of the Administrative Procedure Act (APA).
June 24, 2024
Judge Won’t Dismiss Hunter Biden’s Lawsuit Against Poster Of Laptop Files

SAN FRANCISCO — A California federal judge denied an activist and his organization’s motion to dismiss a lawsuit brought against them by the son of President Joseph R. Biden for allegedly violating computer fraud laws and California’s unfair competition law (UCL) by posting data from his personal electronic devices online and creating a searchable database of its content.
June 21, 2024
Stalking Victims Defend UCL Claims Against Apple Over AirTag Use

SAN FRANCISCO — A group of putative class plaintiffs who claim that Apple Inc.’s “AirTag” tracking devices were used to stalk them oppose Apple Inc.’s motion to dismiss their second amended complaint (SAC), asserting that they have cured pleading deficiencies identified by a California federal court and have sufficiently alleged injury under California’s unfair competition law (UCL) and established that California law applies to both in-state and out-of-state plaintiffs.
June 21, 2024
Golden Corral Employees File Consolidated Complaint Over 2023 Data Breach

RALEIGH, N.C. — One month after six lawsuits against Golden Corral Corp. were consolidated in North Carolina federal court, a group of its present and former employees on June 20 filed a consolidated complaint alleging that the restaurant chain acted negligently by not properly protecting their personally identifiable information (PII) from a data breach that they assert could have been avoided if the company had employed proper security measures.
June 21, 2024
Judge Allows Minors’ Data Collection Claims Against Google And Subsidiaries

SAN FRANCISCO — A California federal judge denied Google LLC and its advertising subsidiaries’ motion to dismiss a nationwide putative class action brought against them by minors for collecting their personal data before the age of 13 in violation of California’s unfair competition law (UCL) and other states’ consumer protection laws.
June 19, 2024
Judge Rejects AI Hiring Firm’s Attack On Class Jurisdiction Ruling

CHICAGO — An artificial intelligence hiring platform’s contacts in Illinois satisfy Ford Motor Co. v. Mont. Eighth Jud. Dist. Ct. and provide for jurisdiction in the state, a federal judge said June 18 in denying a motion for reconsideration of a ruling denying a motion to dismiss.
June 19, 2024
Star Tribune’s $2.9M Video Privacy Protection Act Class Settlement Granted Final OK

MINNEAPOLIS — A federal judge in Minnesota granted final approval of a $2.9 million settlement to be paid by Star Tribune Media Co. LLC to end class claims alleging that it violated the Video Privacy Protection Act (VPPA) when it shared its website subscribers’ video viewing history with Facebook.
June 18, 2024
AI Identification Of Child Pornography At Issue In Police Search Case

WAUKESHA, Wis. — An internet company’s artificial intelligence’s flagging of a social media video as suspected child pornography didn’t give a detective sufficient grounds to view the video, and a judge properly excluded the resulting search of a cellphone, a criminal defendant tells a Wisconsin appellate court in defending exclusion of the evidence against him.
June 17, 2024
Plaintiffs Won’t Amend Privacy Action Involving ChatGPT After Dismissal

SAN FRANCISCO — Plaintiffs confronted with a court ruling finding their privacy and California unfair competition law (UCL) action involving artificial intelligence raises policy concerns more appropriate in a town hall than a courtroom told a federal judge in California on June 14 that they will not amend their complaint and asked the court to close the case.
June 10, 2024
High Court Grants Facebook Cert Bid To Consider Disclosure Requirements

WASHINGTON, D.C. — The U.S. Supreme Court on June 10 granted a petition for a writ of certiorari from the social media giant formerly known as Facebook Inc., agreeing to consider whether the Ninth Circuit U.S. Court of Appeals widened a circuit split when it found that publicly traded companies must disclose that risks materialized in the past even if the risks do not continue to have the potential to harm investors.
June 10, 2024
Delaware Vice Chancellor: Shareholder Does Not Show Presuit Demand Was Futile

WILMINGTON, Del. — A vice chancellor in the Delaware Court of Chancery held that a shareholder’s derivative complaint alleging that a telecommunications company failed to prevent its parent company’s alleged scheme to centralize customer data to train artificial intelligence must be dismissed, finding that the shareholder failed to show that making a demand on the board would have been futile.
June 07, 2024
High Court Wants Officials’ Response To Petition Over Texas Drone Use Law

WASHINGTON, D.C. — The U.S. Supreme Court requested a response from three Texas officials, two of whom had previously opted against filing opposition briefs, to a petition for certiorari in which a journalist and a photographer association claim that a Texas law that curbs the use of drones for aerial photography violates the First Amendment to the U.S. Constitution.
June 06, 2024
Defendants In MOVEit Data Breach MDL File Dismissal Arbitration Motions

BOSTON — Two groups of defendants in the ever-growing multidistrict litigation over the theft of personally identifiable information (PII) from users of MOVEit software filed motions asking a Massachusetts federal court to, respectively, compel arbitration from consumers that purportedly agreed to such provisions and dismiss individual suits that they say should never have been consolidated under the home-state exception to the Class Action Fairness Act (CAFA).
June 06, 2024
Judge: Amazon Immune From Workers’ Temperature Scan Class Suit Under PREP Act

CHICAGO — A warehouse worker’s putative class complaint accusing her employer of violating Illinois’ Biometric Information Privacy Act (BIPA) by scanning workers’ temperatures to prevent the spread of COVID-19 was terminated by a federal magistrate judge in Illinois who found that the employer was entitled to statutory immunity based on the Public Readiness and Emergency Preparedness Act (PREP Act).
June 03, 2024
$8M Data Breach Class Settlement By Law Firm Preliminarily Approved

SAN FRANCISCO — A federal judge in California on May 31 preliminarily approved an $8 million class global settlement to be paid by a law firm after its network was breached and the personal identifiable information (PII) of more than 630,000 individuals was potentially accessed.
May 31, 2024
Putative Class Suit Filed Against Ticketmaster For Hack Of 560M Customers’ Data

LOS ANGELES — Two consumers filed a putative class action in California federal court against Ticketmaster LLC and Live Nation Entertainment Inc. accusing them of negligence and violation of California’s unfair competition law (UCL) for not protecting the data of approximately 560 million customers that was allegedly stolen from its servers in a recent hack.
May 30, 2024
Judge Certifies Privacy, Publicity Rights Class Action Against Data Aggregator

SAN FRANCISCO — A California federal judge on May 29 granted a group of plaintiffs’ motion to certify a class action against a personal information data-aggregator website on behalf of two statewide classes accusing the company of violating plaintiffs’ rights of publicity and against misappropriation of name and likeness and denied the parties’ competing motions to exclude each other’s experts.
May 29, 2024
Dating App User Dismisses Biometric Data Collection Class Suit After Settlement

CHICAGO — A dating application user and the companies associated with the operation of the app filed a stipulation of voluntary dismissal without prejudice of the user’s putative class complaint under the Illinois Biometric Information Privacy Act (BIPA); the filing in a federal court in Illinois came approximately three months after the parties stated that they reached a settlement.