Enforcement + Litigation

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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…

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…

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…

Blackbaud, which suffered a data breach of its customers’ data in a ransomware attack in 2020, in which it admitted paying the ransom in a double extortion attack [view related posts], is facing multiple class action cases following the attack. The cases have been consolidated in multi-district litigation and now comprise 29 cases.

The…

A fertility clinic in California cannot escape a lawsuit brought by a patient after the clinic sent private information to the individual’s entire work team.

The clinic, Lane Fertility Institute for Education and Research (Lane), emailed a client regarding an embryo transfer procedure she had undergone the prior year, seeking information about her resulting pregnancy.…

This week, a North Carolina federal judge denied Filters Fast LLC’s motion to dismiss a proposed data breach class action, ruling that the plaintiffs demonstrated adequate harm to satisfy Article III standing.

The class action stems from a data breach that occurred between July 2019 and July 2020 through Filters Fast’s shopping website. Plaintiffs claim…

This week, Governor Andrew Cuomo signed legislation that added text messaging to the state of New York’s definition of telemarketing communication for purposes of its no-call registry. The legislation, S.3941/A.6040, closes the loophole that previously exempted businesses from the no-call registry restrictions when the communication was sent via text. The goal is to increase protections…

British Airways settled a data breach class action lawsuit this week resulting from a 2018 data breach that affected thousands of its customers.

In 2018, the personal data of approximately 420,000 customers and staff was leaked, including names, addresses, and bank account information. When U.K. regulators investigated this incident in 2018, it was reported that…

This week, Volkswagen AG’s U.S. entity and its Audi brand were hit with a class action for a data breach that allegedly compromised 3.3 million consumers’ personal information. In the U.S. District Court for the District of New Jersey, a California consumer filed a suit against the automakers on behalf of other current and prospective…