Last year, we noted that the Supreme Court had granted certiorari in a case that could limit the ability of plaintiffs to sue defendants over bare statutory violations without the showing of actual injury. The case implicates a wide variety of statutes that grant monetary awards to successful plaintiffs on
Appeals Court Agrees That Health Solutions Provider’s Insurance Requires Defense in Data Disclosure Class Action
Availability of insurance is often among the first questions that arises when a company encounters a data breach or other Internet-related problem involving company records, even where the company lacks a cyberinsurance policy. The federal Fourth Circuit Court of Appeals recently affirmed a ruling by a District Court that required insurance coverage for an inadvertent
The Dark Side of Loyalty Programs Lightens a Bit, for Now
We recently wrote about the potential dark side of store loyalty cards, citing a putative class action filed in New York City. In the wake of a decision denying classification in that case we discussed earlier, our concern has been somewhat alleviated. In his August 6, 2015 decision, a federal judge said that data of
New York Appellate Court Rules That Facebook Cannot Bring a Pre-Execution Challenge to a Search Warrant for Its Customers’ Records
On July 21, 2015, the First Department of the New York Supreme Court, Appellate Division, ruled that Facebook could not bring a pre-execution challenge judicially issued search warrants for records associated with customer Facebook accounts on behalf of its customers. In In Re 381 Search Warrants Directed to Facebook Inc., 2015 NY Slip Op
The Dark Side of Loyalty Programs
Loyalty programs operated by retailers allow the retailer to track the purchases made by customers and offer customers tailored information about products and sales. However, there is a dark side to such programs. The tracking may also provide plaintiffs’ lawyers a method of identifying potential class members thereby providing a basis for such litigation to
High Court to Decide If Congress Can Let Consumers Sue Over Publication of Inaccurate Personal Information Without Concrete Damages
The Supreme Court of the United States granted certiorari late last month in a case with important implications for consumer privacy and for the ability of Congress generally to create wholly new protections for consumers. Plaintiffs must always show that they have standing – a legally-protected interest that allegedly has been violated – before a
Third Circuit Says Privacy Class Action Members are “Ascertainable” in Suit Against Aaron’s Stores Because There are Records
Every class action lawsuit always involves the question of how to identify, or “ascertain”, who is a member of the class. Consumers keep expensive products or at least keep records related to their purchase. Inexpensive or transitory products are generally gone by the time litigation commences and no records of the purchase exist. In such
Smart Customer Service Is Smart Risk Management
We were recently reminded that a company’s customer interface is, at times, part of the risk management process. Handled smartly and risk can be minimized; handled poorly and a class action lawsuit can result.
According to a class action lawsuit currently in federal court, a customer called customer service to complain of damage to his
Watch What You Listen To (and Watch)
The flow of data over the Internet creates privacy concerns in strange situations. For instance, when Pandora, the music streaming service, integrated its subscribers’ profile pages with their Facebook accounts, Pandora apparently made music preferences and listening choices available to the subscribers’ friends. The result was a suit alleging a violation of a Michigan statute