CPW’s Kristin Bryan, a 2022 Law360 Privacy & Cybersecurity MVP as well as a featured subject matter expert for LexisNexis, Christina Lamoureux, and Margaret Booz have co-authored a new chapter of Lexis Practical Guidance titled “Biometric Privacy and Artificial Intelligence Legal Developments.” In this practice note, they explore emerging legal issues concerning the collection, use, and disclosure of biometric data and artificial intelligence (AI). This includes a discussion of the legal regimes often implicated in lawsuit trends that are likely a harbinger of future litigation, recent developments concerning Article III standing, damages, and class certification and settlement, among other considerations.
Continue Reading Available Now: CPW’s Kristin Bryan, Christina Lamoureux, and Margaret Booz Co-Author Lexis Practice Note on Biometric Privacy and Artificial Intelligence Legal Developments
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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
The Cookie Crumbles – Lessons from First California Consumer Privacy Act (CCPA) Monetary Settlement
On August 24, 2022, California Attorney General Rob Bonta issued a press release announcing the first public settlement by the Office of the Attorney General (OAG) involving alleged violations of the CCPA. The settlement involves a judicial judgment, civil penalties and ongoing monitoring and reporting. The use of noncompliance letters to cajole companies into compliance over many months now appears to be a closed chapter in the CCPA saga. Season 2 promises more drama, more action and more money. Entertaining unless you are the next target!
Continue Reading The Cookie Crumbles – Lessons from First California Consumer Privacy Act (CCPA) Monetary Settlement
T-Mobile Agrees in MDL to Record Setting $350 Million Data Breach Settlement to Resolve CCPA and Other Privacy Claims
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
Carnival Cruise Line and 46 State Attorneys General Reach $6 Million Dollar Settlement Over 2019 Data Breach
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…
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.
Third Circuit Issues Order in WaWa Data Breach
CPW has been covering the data breach litigation In re: Wawa, Inc. Data Security Litigation, pending in the U.S. District Court for the Eastern District of Pennsylvania (see here and here). As a reminder, In Re: Wawa Inc. Data Security Litigation, No. 2:19-cv-06019 arose out of a data breach impacting Wawa, Inc.…
Federal Judge Refuses Second Time to Approve Class Action Settlement, Rejecting Plaintiffs “You Can Lead a Horse To Water” Explanation Upon Identifying Notice Deficiencies
CPW previously covered the Powers litigation pending in the Western District of Wisconsin, which involves a class action filed in the wake of a data event that allegedly involved the compromise of credit card information of Filters Fast, LLC’s customers between July 2019 and July 2020. The court overseeing the case the end of last…
Federal Court Gives Rare Refusal for Final Sign Off on Data Privacy Class Action Settlement, Faulting Low Take Rate and Excessive Fees
This month a federal court refused to grant final approval to a class action data privacy litigation settlement, sending the parties (and their lawyers) back to the drawing board to work out certain issues. Because this rarely occurs—particularly after a court has already granted preliminary approval to a settlement—the case offers some important takeaways. Powers…
2021 Year in Review: Biometric and AI Litigation
2021 was another record setting year for biometric litigation, with class action plaintiffs bringing new AI-based consumer privacy claims and a continuing trend of employment-based disputes. Read on for CPW’s highlights of the year’s most significant events concerning biometric litigation, as well as our predictions for what 2022 may bring.
Overview of 2021 BIPA Litigations: …