Last month, a district court in the Northern District of California delivered a fatal blow to the Javier saga, dismissing his claim with prejudice. Javier v. Assurance IQ, LLC, No. 20-CV-02860-CRB, 2023 WL 3933070 (N.D. Cal. June 9, 2023). As we previously reported, the court’s holding concludes a drawn-out dispute on a website
California Invasion of Privacy Act
California Federal Court Dismisses Direct and Derivative Liability CIPA Claims Brought Against Website Operator Concerning Chat Feature
A growing area of privacy litigation concerns claims brought under federal and state wiretapping laws against website operators. In many of those cases, plaintiffs allege that their personal information was improperly intercepted and disclosed to third parties, including in relation to information purportedly provided through a website’s chat feature. Last month, a federal court in…
CPW Week in Review
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 Shea Leitch and Kyle Dull to Speak at ACC South Florida’s 12th Annual CLE Conference
CPW’s Kristin Bryan Discusses Session Replay Software Litigation Trends With The Seattle Times
For the past two years session replay software litigation claims have been brought in federal courts and state courts across the country, with particular focus on Florida and more recently California.
By way of reference, session replay software captures certain aspects of a user’s interactions on web applications (mouse movements, clicks, typing, etc.) along with…
Sessions Replay Litigation Recap – Open Questions Post-Javier
Thanks to our Summer Associate, Maya Thomas, for her work on this timely blog.
2021 saw creative plaintiff attorneys initiating a string of class action lawsuits alleging that sessions replay software violated state wiretap acts— notably in California and Florida.
While decisions out of Florida led many to believe these types of cases were dying …
Motion for Preliminary Approval of Accellion Data Breach Settlement Filed in California Federal Court
This week Plaintiffs in thirteen consolidated cases brought against Accellion and other defendants filed a motion for preliminary approval of a class action settlement in California federal court. This development is notable for its resolution (if approved) only as to Accellion and for the categories of relief offered to class members. In re Accellion, Inc.
CPW Week in Review
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.
OOPS! And Other Takeaways from the First Draft of CPRA Regulations
Ninth Circuit Revives Session Replay Software Litigation, Finding Plaintiff Sufficiently Alleged His Online Communications Were Tracked Without His Express Prior Consent
Are we about to have another summer of session replay software litigation? A unpublished ruling out yesterday from the Ninth Circuit Court of Appeals suggests so, at least insofar as claims under California law is concerned.
A short refresher: session replay software captures certain aspects of a user’s interactions on web applications (mouse movements, clicks,…
Federal Court Reaffirms State Privacy Law Not a Shield From Discovery In Federal Litigation Concerning Theft of Client Database and Other Proprietary Information
As readers of CPW know, although the California Consumer Protection Act (“CCPA”) and other state statutes provides California residents additional privacy protections there are limits on the laws’ scope. This includes as was the case here and, consistent with prior rulings, that a defendant may not rely on the CCPA and other state privacy laws…
Financial Technology Provider Data Privacy Settlement Granted Preliminary Court Approval
CPW has previously covered the In re Plaid Inc. Privacy Litigation, No. 20-3056 (N.D. Cal.), in light of consumers increasing use of fintech apps to do business, transfer and invest funds, and otherwise manage their finances electronically. Last month a federal court approved a class action settlement to resolve Plaintiffs’ claims in the consolidated…