As we have discussed here at CPW, one of the biggest challenges facing a plaintiff in a data breach class action is to establish an injury from the alleged data breach. Earlier this week, in David De Midicis v. Ally Bank & Ally Fin., Inc., 2022 U.S. Dist. LEXIS 137337 (S.D.N.Y. Aug. 2, 2022), the
2021 has been a monumental year in many ways, and consumer financial privacy litigation and enforcement was no exception. In the executive branch, the Biden Administration focused on strengthening individual privacy protections and limiting the disclosure of sensitive data. Meanwhile, the Supreme Court’s decision in TransUnion LLC v. Ramirez continues to have a long-lasting impact
Earlier this week, in the context of a data incident involving a health care company, an Arizona federal court determined that plaintiffs had Article III standing but then went on to dismiss plaintiffs’ claims for failure to state a claim, although it granted plaintiffs leave to amend. Griffey v. Magellan Health, 20210 U.S. Dist. LEXIS
CPW has been covering data breach litigations for quite some time, including dismissal of defective data breach complaints and the ongoing federal circuit split regarding Article III standing. Yesterday, for the first time, a court certified a Rule 23(b)(3) class action of individual consumers complaining of a data breach involving payment cards. See In
There were a number of things that took me off guard with respect to the Supreme Court’s opinion yesterday in Uzuegunam v. Preczewski, Case No. 19-968. First, apparently for the first time in the 16 years he has been on the Court, the Chief Justice was the lone dissenter in a case. I was also
CPW has previously reported on the anticipated impact of a Biden presidency on data privacy and data privacy litigation. In an update to that prior analysis, President Biden has reportedly selected Lina Khan, a prominent antitrust scholar and professor at Columbia Law School, for a vacancy at the Federal Trade Commission (“FTC”). Khan’s nomination
As 2020 drew to a close, the Ninth Circuit gave the CFPB a victory in Consumer Fin. Prot. Bureau v. Seila Law LLC, 2020 U.S. App. LEXIS 40572 (9th Cir. Dec. 29, 2020), upholding the CFPB’s civil investigative demand (CID) to Seila Law. The case was on remand from the United States Supreme Court, which
This is getting to be a common refrain in BIPA cases – plaintiffs bring BIPA class actions in plaintiff-friendly state court; defendants remove; and plaintiffs move to remand arguing there is no injury-in-fact and thus no Article III standing. In Thornely v. Clearview AI, Inc., 2020 U.S. Dist. LEXIS 197519 (N.D. Ill. Nov. 3, 2020),
On July 7, 2020, the CFPB issued its much-anticipated final rule (the “Revocation Rule”) on small dollar lending rescinding the mandatory underwriting provisions of its 2017 rule governing payday, vehicle title, and certain high-cost installment loans (the “2017 Rule”). Consistent with its proposal last year, the Revocation Rule rescinds the Mandatory Underwriting Provisions of the
The California Attorney General has submitted comments on the final proposed CCPA regulations. Our sister blog, Security & Privacy Bytes has published a summary of the key guidance that can be garnered from these materials including, expectations regarding “user-enabled privacy controls” (and Do Not Track signals), rules governing service provider use of personal information, jurisdictional