Enforcement + Litigation

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A two-minute apartment tour may not sound like the kind of video Congress had in mind when it passed the Video Privacy Protection Act (VPPA) in 1988, but that question was at the heart of the recent oral argument in Banks v. CoStar Realty Info., Inc., No. 25-03320 (8th Cir. argued Sept. 23, 2026).…

This post was authored by Business Litigation group partner Eric Del Pozo.

In United States v. Alisigwe, No. 24-960 (2d Cir. Sept. 17, 2026), a divided Second Circuit held that border agents may conduct searches of international travelers’ cellphones without a judicial warrant, reasonable suspicion of criminal activity, or any individualized justification. This…

On August 26, 2026, LexisNexis won an important, but limited, victory in a proposed class action: a federal court refused to certify a class of people seeking damages for the company’s response to privacy requests which violated the Fair Credit Reporting Act (FCRA). The court did not decide whether LexisNexis had violated the FCRA, only…

The Department of Justice has issued a press release announcing that it has agreed to settle its allegations that TikTok and its parent company, ByteDance violated the Children’s Online Privacy Protection Act (COPPA).

The settlement requires TikTok to pay “$300 million immediately and an additional $100 million upon entry of an order vacating a prior…

On August 17, 2026, the Federal Trade Commission (FTC) announced a $2.1 million settlement with online bill-payment company Doxo over allegations that the company, and its two co-founders, deceived consumers through search ads, fees, and subscription practices. The case shows that consumer protection risk can begin at the first click, especially when ads or landing…

A recent federal decision shows how data-breach claims can turn on the connection between the exposed information and the alleged harm. In Volio v. Sugarhouse HSP Gaming, L.P., No. 2:25-cv-00039 (E.D.Pa. Aug. 7, 2026), current and former employees and casino patrons sued after Rivers Casino Philadelphia allegedly discovered unauthorized access to its network and…

A recent decision from a federal district court in Virginia adds to the growing body of Telephone Consumer Protection Act (TCPA) litigation over whether its “Do Not Call” protections apply to marketing texts sent to cell phones. In McGonigle v. Dickey’s Barbecue Restaurants, Inc., No. 1:25-cv-01062, 2026 WL 2114507 (E.D. Va. July 22, 2026)…

California’s privacy regulator has launched its first-ever audit, signaling a new phase of active oversight under the California Consumer Privacy Act (CCPA) and its amendments. The California Privacy Protection Agency (CPPA) is focusing on delivery and transportation apps in the gig economy, examining how platforms collect and use personal information from both consumers and workers…