Tag Archives: class action

Illinois Appellate Court Holds That BIPA Plaintiffs Must Show Actual Harm

On December 21, 2017, the Illinois Second District Appellate Court dealt a significant blow to the recent wave of Illinois Biometric Information Privacy Act (BIPA) class actions, holding in Rosenbach v. Six Flags Entertainment Corp. that plaintiffs alleging mere procedural violations of BIPA, without “any injury or adverse effect,” are not “aggrieved” persons entitled to … Continue Reading

Court of Justice Dismisses Privacy Class Action Against Facebook but Allows Max Schrems to Sue in Austria

In yet another round of Schrems versus Facebook, on January 25, 2018, the Court of Justice of the European Union (CJEU) ruled that privacy activist Max Schrems is a consumer with regard to his Facebook profile despite his advocacy activities. Schrems may therefore benefit from the EU consumer forum rule, which allows him to bring … Continue Reading

Post-Spokeo Jurisdictional Divide Continues as Northern District of California Rejects TransUnion’s Lack of Standing Argument

Last year, the U.S. Supreme Court issued a decision in Spokeo Inc. v. Robins, holding that a plaintiff bears the burden of establishing Article III standing by alleging an injury in fact that is concrete, particularized, and actual or imminent.1 The Court stated that “Article III standing requires a concrete injury even in the context … Continue Reading

Ashley Madison: Life Is Short. Settle.

On July 21, 2017, Judge John A. Ross of the U.S. District Court for the Eastern District of Missouri issued a preliminary approval of a settlement agreement between the owner of AshleyMadison.com and the class representing former users whose personal information was breached in July 2015. Under terms of the settlement, Ruby Corp, the operator … Continue Reading

Consumer and Financial Institution Class Actions Survive Motions to Dismiss in Target Data Breach Litigation

Cases brought by consumer plaintiffs following data breaches often have been dismissed because courts concluded that the plaintiffs failed to adequately allege sufficient harm to satisfy either Article III standing requirements or the required elements of an underlying cause of action, such as negligence or a violation of state consumer protection law. But on December … Continue Reading

Clapper v. Amnesty International USA: The U.S. Supreme Court Strengthens Defendants’ Shield Against Privacy Class Actions

One of the most common and effective defenses raised by privacy class action defendants has been lack of standing. Federal courts have jurisdiction over cases only when the plaintiff has standing to sue. Therefore, courts will dismiss a case when the plaintiff does not meet the requirements for standing. For standing to exist, the plaintiffs’ … Continue Reading
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