The U.S. District Court for the Northern District of Illinois denied a motion to dismiss a class action for allegations that GrubHub, Inc. violated the Telephone Consumer Protection Act (TCPA). The plaintiff alleged that she received a series of robocalls from GrubHub, even though she asked to be put on the do-not-call list more than
Enforcement + Litigation
District Court Enforces DOL Investigative Subpoena Against Plan Service Provider Concerning Alleged Cybersecurity Breaches
By Jean Tomasco on
A federal District Court judge in Illinois sided with the U.S. Department of Labor (DOL) in ordering Alight Solutions, LLC, an ERISA plan services provider, to comply with an administrative subpoena seeking documents pertaining to alleged cybersecurity breaches. The Court’s order in the case, Walsh v. Alight Solutions, LLC, Dkt. # 20-cv-02138 (N.D. Ill.), is…
Class Action Against Shopify Dismissed for Lack of Jurisdiction
By Kathryn Rattigan on
Posted in Enforcement + Litigation
The U.S. District Court for the Northern District of California dismissed a consumer class action against Ledger SAS’s e-commerce vendor Shopify Inc. because of its locale – Shopify is headquartered in Ottawa, Canada. Judge Edward M. Chen said in his decision earlier this week that the plaintiffs failed to satisfy their burden to demonstrate that…
Phoenix Children’s Hospital Faces Privacy Lawsuit Over Inadvertent Release of Vaccine Exemption Information
By Deborah George on
Posted in Enforcement + Litigation
An apparent email snafu has led to the filing of a putative class action against the Phoenix Children’s Hospital. The allegations stem from an email that was allegedly sent out to 368 people that outlined the protocols for employees with approved COVID-19 vaccine exemptions. The email set forth the protocols related to accommodations for such…
FTC Releases Guidance on Negative Option Marketing
By Guest Contributor on
Posted in Enforcement + Litigation
The Federal Trade Commission released a new enforcement policy statement on October 28, 2021, targeting the practice known as “Negative Option Marketing.” Negative Option Marketing is the practice of taking consumers’ silence as tacit consent in various circumstances, including automatic subscription renewals and free-trial marketing. In the statement, the FTC outlined four general requirements for…
Automotive Data Company Loses Fight for an Injunction Against New Consumer Privacy Statute
By Kathryn Rattigan on
Posted in Enforcement + Litigation
Automotive data and software company CDK Global LLC (CDK), filed suit in 2019 against the Arizona Attorney General in the U.S. District Court for the District of Arizona seeking an injunction against a new law from taking effect.
The new law increased privacy protections for consumers whose data are collected by car dealers and prevents…
Biometric Privacy Class Action Against DAL Global Service will Proceed
By Kathryn Rattigan on
Posted in Enforcement + Litigation
DAL Global Services LLC, an aviation ground handling service provider, was hit with a proposed biometric privacy class action in April of this year in the U.S. District Court for the Northern District of Illinois. This week the court ruled that the class action may proceed after the court ruled that the plaintiff’s claims were…
FabFitFun Settles Class Action for $625,000 for Alleged Data Security Failures
By Kathryn Rattigan on
Posted in Enforcement + Litigation
FabFitFun, a fashion and beauty subscription service, settled claims that it failed to adequately protect and secure consumer data resulting in a data breach for a sum of $625,000 in the U.S. District Court for the Central District of California. In addition to agreeing to the monetary settlement, FabFitFun agreed to implement security measures, including…
FCC Imposes its Largest Fine to Date for Robocalls in Violation of the TCPA
By Kathryn Rattigan on
This week the Federal Communications Commission (FCC) proposed its highest financial penalty against lobbyist and political consultant group, John M. Burkman, Jacob Alexander Wohl, and J.M. Burkman & Associates LLC (the Group), for allegedly making over 1,000 robocalls to voters without obtaining prior express consent as required by the Telephone Consumer Protection Act (TCPA). The…
$2.35 Million Settlement in Dickey’s Barbecue Data Breach Class Action
By Kathryn Rattigan on
Posted in Enforcement + Litigation
This week, a proposed data breach class action against Dickey’s Barbecue Restaurants Inc. was settled for $2.35 million in the U.S. District Court for the Northern District of Texas with approval of the settlement terms by Judge Ed Kinkeade. Dickey’s is a Dallas-based restaurant chain that allegedly failed to implement appropriate security measures to protect…