Leveraging Knowledge to Manage Your Data Risks
Lifespace Communities Inc. (Lifespace), a retirement community chain with more than 15 communities in eight states, recently settled a class action for $987,850 for its alleged violation of the Illinois Biometric Information Privacy Act (BIPA).
The class action was filed in June 2020 in the U.S. District Court for the Northern District of Illinois by…
In Gates v. Eagle Family Foods in the Northern District of Illinois, Gregory Gates, a former sanitation and assembly line employee, alleges that Eagle Foods collected and retained his handprints without consent as part of his timekeeping requirements while he worked at the Waukegan facility in 2016 and 2018.
Eagle Family Foods (Eagle Foods) says…
At the beginning of April 2021, the U.S. Supreme Court unanimously ruled in favor of Facebook in Facebook, Inc. v. Duguid, reversing the decision of the Ninth Circuit Court of Appeals , holding: “To qualify as an ‘automatic telephone dialing system’ under the Telephone Consumer Protection Act (TCPA), a device must have the capacity…
North American IT company Presidio faces a proposed data breach class action by an employee for an incident involving employee data. Eric LaPrairie, a former Presidio employee, received a notice of a data breach from Presidio, and about a month later found out that he was the victim of a SIM swap (a technique in…
I once drove over the Golden Gate Bridge in a rental car, not knowing that it was a toll bridge and that no cash payment options were available. I slowly and stressfully tried to figure out what to do, but realized I had no option but to drive through without paying. It was an awful…
Gardiner v. Walmart provided some guidance as to the specificity required to state a claim under the California Consumer Privacy Act (CCPA) and the types of damages that may be recoverable for breaches of California consumer data. On July 10, 2020, Lavarious Gardiner filed a proposed class action against Walmart, alleging that unauthorized individuals accessed…
Last week, in Tsao v. Captiva MVP Restaurant Partners, LLC (Captiva), the U.S. Court of Appeals for the 11th Circuit held that data breach claims arising from increased risk of future identity theft and potential mitigation effort costs, WITHOUT any evidence of actual data misuse or harm, did not satisfy Article III standing. This…
Two anonymous patients being treated by fertility clinics operated by US Fertility LLC are suing the company following notification that their information may have been compromised in a ransomware attack that affected US Fertility servers and workstations.
On January 8, 2021, US Fertility notified patients of the incident that allegedly compromised patients’ names, Social Security…
Recently, the Federal Communications Commission (FCC) clarified that a call made using artificial or pre-recorded voice to a residential telephone line for the SOLE purpose of identifying individuals to participate in a clinical trial is exempt from the Telephone Consumer Protection Act (TCPA) “prior express written consent” requirement, provided that:
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Marriott recently won dismissal of a proposed class action data breach lawsuit alleging several violations, including a violation of the California Consumer Privacy Act (CCPA). The case, Arifur Rahman v. Marriott International, Inc. et al., Case No.: 8:20-cv-00654, was dismissed in an Order by U.S. District Court Judge David O. Carter on January 12, 2021.…
