Privacy Litigation

Last week, a California federal court held that a plaintiff lacked Article III standing to bring a putative class action in federal court for violations of the Fair and Accurate Credit Transactions Act (“FACTA”) amendments to the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et. seq. As a result, the case was remanded back to the California state court where the plaintiff chose to file his complaint.

In Kamel v. Hibbett, Inc., No. 8:22-cv-01096-RGK-E, 2022 U.S. Dist. LEXIS 130753 (C.D. Cal. July 22, 2022), the plaintiff alleged that he made a purchase with his credit card at one of the defendants’ stores and received a receipt which contained ten digits of his credit card number. Continue Reading California Federal Court Grants Plaintiff’s Motion to Remand FACTA Class Action to State Court

In a record-setting proposed settlement filed last week, T-Mobile has agreed to pay $350 million and boost its data security by $150 million over the next two years to resolve multidistrict litigation brought by T-Mobile customers whose data was allegedly exposed in a 2021 data breach.  Read on for the terms of the settlement, which may serve as a model in other high stakes data security cases going forward.

Recall that in August 2021, T-Mobile disclosed that it had been the victim of a cyberattack that resulted in the compromise of some current, former and prospective customers’ SSN, name, address, date of birth and driver’s license/ID information the “Data Event”).  By T-Mobile’s account, no “customer financial information, credit card information, debit or other payment information” was exposed in the attack.  Nevertheless, over 40 putative class action claims were filed seeking damages for the improper disclosure of Plaintiffs’ personal information.  In December 2021, the Judicial Panel on Multidistrict Litigation transferred and centralized the putative class actions into the MDL standing before the Western District of Missouri.Continue Reading T-Mobile Agrees in MDL to Record Setting $350 Million Data Breach Settlement to Resolve CCPA and Other Privacy Claims

Special thanks to our Summer Associate, Nyet Abraha, for her work on this blog.

Carnival Cruise Line, one of the largest international cruise lines, has agreed to pay $6 million to resolve claims brought by state attorneys general in response to a 2019 data breach. In March 2020, Carnival reported a data breach that compromised…

SPB Partner Beth Goldstein also contributed to this post.

With the powerful Committee on Energy and Commerce having approved a comprehensive, bipartisan privacy bill by a vote of 53-2, the US House of Representatives is one step closer to approving historic privacy legislation after over a decade of debate. Before formally reporting the legislation to…

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Federal Court Dismisses Colonial Pipeline Cybersecurity Litigation

Federal Court Refuses to Dismiss Biometric Claims Brought by Trucker Against Facial…

This week a federal court declined to dismiss a putative class action filed by a trucker against a company that provides facial recognition software and sensors to commercial fleets and industrial operations.  David Karling et al. v. Samsara Inc., No. 1:22-cv-00295 (N.D. Ill. 2022).  The Plaintiff asserted claims against Defendant under the Illinois Biometric…

Thanks are owed to Summer Law Clerk Mia Guy for her contributions to this article.

Recently a federal court dismissed a cybersecurity litigation brought in the wake of the May 2021 Colonial Pipeline Ransomware attack.  Ramon Dickerson et al. v. Colonial Pipeline Co. et al., No. 1:21-CV-02098 (N.D. Ga. Jun. 17, 2022).  Based on…

The Federal Communications Commission’s (FCC) Enforcement Bureau (Bureau) has continued to flex its regulatory muscles when it comes to invasion of consumer privacy via illegal telemarketing calls. The Bureau has issued eight new cease and desist letters to voice service providers in connection apparent transmission of calls many of which included “prerecorded advertising messages marketing…

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

CPW’s Stephanie Faber Speaks at French Association of Personal Data Protection Correspondents Annual Meeting

Future Uncertain for the American…

Earlier this week, the leaderships of the House Energy and Commerce Committee formally introduced the American Data Privacy and Protection Act (HB 8152). The legislation is being marked up today in the Subcommittee on Consumer Protection and Commerce of the House Committee on Energy and Commerce. The legislation likely will be slated for full committee…