Tag Archives: Privacy Litigation

Sixth Circuit Allows Lawsuit to Proceed Against Electronic Monitoring Software Company

In a 2-1 decision on August 16, the Sixth Circuit refused to dismiss a claim against the maker of an online surveillance tool for wiretapping under both federal and state laws, and for intrusion against seclusion.  While the breadth of this holding is unclear, and the case may be an outlier, the Sixth Circuit’s reasoning … Continue Reading

Users of Pandora’s Free Service Are Not Customers Under Michigan Privacy Statute, But Questions Remain

Courts continue to grapple with how to apply existing privacy laws to new (and even not-so-new) technology. The recent Ninth Circuit decision, affirming the Northern District of California’s decision to dismiss a proposed class action suit against Pandora for disclosure of listener music preferences in violation of Michigan’s Preservation of Personal Privacy Act (PPPA), resolved … Continue Reading

Supreme Court to Consider Whether Actual Harm is Required to Recover Under the Fair Credit Reporting Act

On Monday, the U.S. Supreme Court granted certiorari and agreed to consider Robins v. Spokeo, Inc., in which the U.S. Court of Appeals for the Ninth Circuit held that Thomas Robins had adequately alleged Article III standing to sue website operator Spokeo, Inc. (“Spokeo”) under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 … Continue Reading

Solicitor General Urges Supreme Court To Leave Spokeo Ruling In Place

In the closely-watched case of Spokeo, Inc. v Robins, the Solicitor General recently filed an amicus brief urging the Court to deny certiorari and leave in place the 9th Circuit’s holding, which could encourage the rising tide of privacy class action litigation.  The Solicitor General’s brief—coauthored by the Consumer Financial Protection Bureau—argued that the dissemination … Continue Reading

D.C. Circuit Hears Oral Arguments in Urban Outfitters ZIP Code Lawsuit

Last week, the D.C. Circuit heard oral argument in the lawsuit filed against Urban Outfitters and Anthropologie over their collection of customer ZIP codes at the point of sale.  The plaintiffs alleged that the practice of requesting ZIP codes at the point of sale during credit card transactions violated two D.C. statutes, the Consumer Protection … Continue Reading

Court Finds FTC Entitled to Partial Summary Judgment Against Dish Network for Telemarketing Violations

Last month a federal court found Dish Network liable for calls that were alleged by the Federal Trade Commission (“FTC”) to violate various provisions of the FTC’s Telemarketing Sales Rule (“TSR”).  Specifically, the FTC’s 2009 complaint asserted that Dish Network initiated, or caused a telemarketer to initiate, calls to numbers on the National Do Not … Continue Reading

Court Dismisses CFAA, Trespass Claims Against Amazon

By Brian Ryoo The United States District Court for the Western District of Washington recently dismissed in part an online privacy lawsuit alleging that Amazon “circumvented” browser privacy controls in order to track users’ web browsing activities.  The plaintiffs in Del Vecchio v. Amazon had alleged that Amazon “exploit[ed]” browser controls in Internet Explorer by … Continue Reading
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