Tag Archives: Seventh Circuit

Seventh Circuit Rules on Article III Standing Issues in Illinois BIPA Lawsuit, Allowing Case to Proceed in Federal Court

On May 5, 2020, the Seventh Circuit held that violations of the section 15(b) disclosure and informed consent provisions of the Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (“BIPA”) constitute “an invasion of personal rights that is both concrete and particularized” for the purposes of establishing Article III standing to sue in … Continue Reading

Neiman Marcus Asks Full 7th Circuit to Consider Standing Ruling in Breach Suit

A Seventh Circuit panel that allowed a data breach suit against Neiman Marcus to proceed misapplied the Supreme Court’s precedents on standing and, “if allowed to stand, will impose wasteful litigation burdens on retailers and the federal courts,” the retailer argues in a petition filed yesterday asking the full Seventh Circuit to rehear the case. … Continue Reading

Data Breach Plaintiffs Allege Enough Risk of Harm for Suit to Proceed, Appeals Court Rules

Neiman Marcus customers whose credit card information potentially was exposed in a 2013 breach of the retailer’s computer systems may proceed with their proposed class action lawsuit against the retailer, a federal appeals court ruled Monday. Neiman Marcus discovered in December 2013 that some of its customers had found fraudulent charges on their credit cards, … Continue Reading

Seventh Circuit Strikes VPPA Claim for Retention Damages

The Seventh Circuit held yesterday, in a decision written by Judge Posner, that damages are not available under the Video Privacy Protection Act (“VPPA”) for violations of the statute’s data deletion requirement, only for unlawful disclosures of video-viewing information.  Subsection (b) of the VPPA prohibits knowing disclosure of personally identifiable information that identifies a person … Continue Reading
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