An Illinois federal court has dismissed a proposed class action alleging X Corp. violated the state’s Biometric Information Privacy Act (“BIPA”) through its use of PhotoDNA software to create “hashes” of images to scan for nudity and related content. The court held that Plaintiff failed to allege that the hashes identified photo subjects and therefore failed to allege that the hashes constituted biometric identifiers. Martell v. X Corp., 2024 WL 3011353, at *4 (N.D. Ill. June 13, 2024).
Continue Reading Illinois Federal Court Dismisses BIPA Suit Against X, Holding “Biometric Identifiers” Must Identify Individuals
Employers Beware: New Wave of Illinois Genetic Information Privacy Act Litigation
Likely spurred by plaintiffs’ recent successes in cases under Illinois’s Biometric Information Privacy Act (“BIPA”), a new wave of class actions is emerging under Illinois’s Genetic Information Privacy Act (“GIPA”). While BIPA regulates the collection, use, and disclosure of biometric data, GIPA regulates that of genetic testing information. Each has a private right of action and provides for significant statutory damages, even potentially where plaintiffs allege a violation of the rule without actual damages.[1] From its 1998 enactment until last year, there were few GIPA cases, and they were largely focused on claims related to genetic testing companies.[2] More recently, plaintiffs have brought dozens of cases against employers alleging GIPA violations based on allegations of employers requesting family medical history through pre-employment physical exams. This article explores GIPA’s background, the current landscape and key issues, and considerations for employers.
Continue Reading Employers Beware: New Wave of Illinois Genetic Information Privacy Act LitigationNinth Circuit Holds COPPA Does Not Preempt Consistent State Law Claims Premised on COPPA Violations
The Ninth Circuit recently held that the Children’s Online Privacy Protection Act, which gives the Federal Trade Commission authority to regulate the online collection of personal information from children under the age of 13, does not preempt consistent state law, potentially increasing the risk of class action litigation based on
Continue Reading Ninth Circuit Holds COPPA Does Not Preempt Consistent State Law Claims Premised on COPPA ViolationsData Breach and the Dark Web: Third Circuit Allows Class Action Standing With Sufficient Risk of Harm
In a new post on the Inside Class Actions blog, our colleagues discuss a recent Third Circuit decision reinstating the putative class action Clemens v. ExecuPharm Inc., concluding there was sufficient risk of imminent harm after a data breach to confer standing on the named plaintiff when the
Continue Reading Data Breach and the Dark Web: Third Circuit Allows Class Action Standing With Sufficient Risk of HarmFederal Court Stays Suit Implicating Accrual of Claims Under the Illinois Biometric Information Privacy Act
Last week, an Illinois federal district court granted the defendant’s motion to stay in Stegmann v. PetSmart, No. 1:22-cv-01179 (N.D. Ill.). The case implicates the evolving law surrounding the scope of the Illinois Biometric Information Privacy Act (“BIPA”) and a pending Illinois Supreme Court case that could provide an important defense to certain BIPA suits.
Continue Reading Federal Court Stays Suit Implicating Accrual of Claims Under the Illinois Biometric Information Privacy ActEmerging Trends: Renewed Wave of Video Privacy Class Actions
Recent months have seen a growing trend of data privacy class actions asserting claims for alleged violations of federal and state video privacy laws. In this year alone, plaintiffs have filed dozens of new class actions in courts across the country asserting claims under the federal Video Privacy Protection Act (“VPPA”), Michigan’s Preservation of Personal Privacy Act (“MPPPA”), and New York’s Video Consumer Privacy Act (“NYVCPA”).
Continue Reading Emerging Trends: Renewed Wave of Video Privacy Class ActionsCourt Rejects Dismissal of Illinois Biometric Information Privacy Act Against Clearview AI in Pending Multidistrict Litigation
An Illinois federal district court recently rejected dismissal of Illinois Biometric Information Privacy Act (“BIPA”) claims in In re Clearview AI, Inc., Consumer Privacy Litigation, No. 21-cv-135 (N.D. Ill.). The Clearview plaintiffs alleged that Clearview violated their privacy rights without their knowledge and consent by scraping more than three billion photographs of facial images from the internet and using artificial intelligence algorithms on the images to harvest individuals’ unique facial biometric identifiers and corresponding biometric information. Clearview sought dismissal of the BIPA claims under the First Amendment, extraterritoriality doctrine, dormant commerce clause, and BIPA’s express exemption for photographs. The court rejected these grounds, and declined to dismiss the BIPA claims.
Continue Reading Court Rejects Dismissal of Illinois Biometric Information Privacy Act Against Clearview AI in Pending Multidistrict Litigation
Court Grants Dismissal of Wiretapping and Contract Claims in Putative Privacy Class Action Involving Google Privacy Settings
A California federal district court recently granted partial dismissal of privacy claims brought by several Google users in Rodriguez v. Google, LLC, No. 20-cv-5688 (N.D. Cal.). The Rodriguez plaintiffs claimed that Google engaged in unlawful wiretapping under section 631 of the California Invasion of Privacy Act (“CIPA”) by collecting data from third-party apps after users turned off certain data tracking in their Google privacy settings; they also claimed that Google breached a unilateral contract they had formed by selecting those privacy settings. The court disagreed, and dismissed these two claims without leave to amend.
Continue Reading Court Grants Dismissal of Wiretapping and Contract Claims in Putative Privacy Class Action Involving Google Privacy Settings
No Harm, No Foul: New York Federal Court Recommends Dismissing Sensitive Data Breach Class Action for Lack of Standing
In a new post on the Inside Class Actions blog, our colleagues discuss a recent Western District of New York report and recommendation concluding that any risk of identity theft or other injury was too “speculative” to show standing in the putative data breach class action Tassmer et al
Continue Reading No Harm, No Foul: New York Federal Court Recommends Dismissing Sensitive Data Breach Class Action for Lack of Standing
Ninth Circuit Affirms Approval of Injunctive Relief and Cy Pres Settlement of Google Street View Privacy Claims
Last week, in a decision that confirms the viability of cy pres settlements in privacy class action cases, the Ninth Circuit affirmed approval of a class action injunctive relief and cy pres-only settlement in In re Google Inc. Street View Electronic Communications Litigation, No. 20-15616, 2021 WL 6111383. The case featured Wiretap Act claims based on Google Street View vehicles’ collection of “payload data,” including emails, passwords, and documents that Internet users transmitted over unencrypted Wi-Fi networks.
Continue Reading Ninth Circuit Affirms Approval of Injunctive Relief and Cy Pres Settlement of Google Street View Privacy Claims