For those who have not been following the Plaid class action unfold, we previously covered it HERE and HERE. Soon after the class actions were consolidated last year, Plaid filed a motion to dismiss Plaintiffs’ Consolidated Class Action Complaint in September, 2020. Oral arguments were held in February of this year, and the Court
Stored Communications Act
CPW Week in Review
In case you missed it, below is a summary of recent posts from CPW. Please feel free to reach out if you are interested in additional information on any of the developments covered.
The Northern District of California Issues A Primer On How To Plead Consumer Privacy Claims
In Wesch v. Yodlee, Inc., 20-cv-05991 (N.D. Cal.) individual consumer plaintiffs brought a putative class action against defendants Yodlee, Inc. and its parent company Envestnet, Inc. Yodlee provides software to financial institutions to facilitate online transactions. Plaintiffs accuse defendants of secretly collecting and retaining their user information without their consent, and selling that information…
Court Approves Class Action Settlement in IN RE: YAHOO! INC. CUSTOMER DATA SECURITY BREACH LITIGATION and Also Provides Helpful Guidelines to Future Class Action Settlements
Yahoo!’s data breach class action is finally being put to rest. Last month, the Northern District of California approved the proposed $117.5M settlement to resolve the claims of approximately 194 million class members in In re Yahoo! Inc. Customer Data Sec. Breach Litig., No. 16-MD-02752-LHK, 2020 U.S. Dist. LEXIS 129939 (N.D. Cal. July 22,…
State Law Claims for Intercepted Electronic Communications are Not Preempted by the Federal Electronics Communications Privacy Act because the Federal Statute Does Not Provide for Exclusive Remedies
In Ducharme v. Madewell Concrete, LLC, No. 6:20-1620-HMH, 2020 U.S. Dist. LEXIS 127615 (D.S.C. July 17, 2020), Defendants Madewell Concrete, LLC and Kevin Johnston’s (“Johnston”) (collectively, “Defendants”) motion to dismiss Plaintiff Robert Ducharme’s (“Plaintiff”) South Carolina Homeland Security Act (“SCHSA”) claim pursuant to Federal Rule of Civil Procedure 12(b)(6) was denied.
Plaintiff alleges that…