CCPA, CPRA, UCPA, CTDPA, Colorado Privacy law, VCDPA, Privacy Law
Take Five! Connecticut Enacts Fifth Comprehensive State Privacy Law
By InfoLawGroup LLP on May 04, 2022
VCDPA, CPRA, Colorado Privacy law, UCPA, Privacy Law
Round 4! Utah to Become Fourth State to Pass Comprehensive U.S. Privacy Legislation
By InfoLawGroup LLP on March 09, 2022
CCPA, CPRA, VCDPA, Colorado Privacy law, Privacy
New State Privacy Laws: What Do My Business Teams Need to Know?
By Justine Young Gottshall on November 30, 2021
Virginia, VCDPA, CCPA, CPRA
VA Enacts Comprehensive Privacy Law. Seems Like Floodgates Now Open.
By Brian Schaller on March 08, 2021
Virginia, VCDPA, CCPA, GDPR, CPRA
New State Privacy Law Passes in VA – Here We Go Again!
By Justine Young Gottshall & Brian C. Schaller on February 12, 2021
CPRA, California, CCPA, Privacy
CPRA: Get Ready, It Passed! Part 1: What Do I Need to Know Now?
By Justine Young Gottshall on November 10, 2020
class action, Do Not Call Regulations, FCC, Lyft, primary jurisdiction, stay, TCPA
Litigation, Litigation, Go Away, Come Again Another Day: TCPA Lawsuit Stayed Pending FCC’s Resolution of Issues
By InfoLawGroup LLP on January 15, 2015
California, class action, injury-in-fact, motion to dismiss, Shine the Light, State case law
First Reported Shine the Light Suit Dismissed for Failure to State Cognizable Injury
By InfoLawGroup LLP on June 19, 2012
Last week, a plaintiff's putative class action alleging a violation of California's Shine the Light law, Cal. Civ. Code § 1798.83, was dismissed without prejudice. See Boorstein v. Men's Journal LLC, No. 12-cv-00771-DSF-E, 2012 WL 2152815 (C.D. Cal. June 14, 2012). The suit, one of several other similar pending suits, is the first reported decision applying the Shine the Light Law.
California, class action, credit cards, loyalty program, personal identification information, personal information, rewards program, Song-Beverly
Class Certification Ruling Suggests that a Plaintiff's Membership in a Retailer's Pre-Existing Rewards Program May Not Excuse a Retailer's Request for Personal Information at the Register
By InfoLawGroup LLP on May 17, 2012
The U.S. District Court for the Southern District of California recently granted class certification in a Song-Beverly Credit Card Act case, refusing to exclude from the class individuals who joined the retailer's rewards program months after the alleged Song-Beverly violation. See Yeoman v. IKEA U.S. West, Inc., No. 11CV701, 2012 WL 1598051 (S.D. Cal. May 4, 2012). The Court's discussion suggests that a retailer may also face Song-Beverly liability even if it requests personal information at the register that it already holds by virtue of the customer's membership in its rewards program.
California, class action, ECPA, InfoLawGroup, information law group, InformationLawGroup, Nicole Friess, personal information, personal privacy, personally identifiable information, privacy, Stored Communications Act, unfair competition, Wiretap Act
California Federal Court Dismisses Bulk of Privacy Suit Against Facebook
By InfoLawGroup LLP on June 07, 2011
California, class action, invasion of privacy, personal identification information, pii, retailers, Song-Beverly Credit Card Act, Williams-Sonoma, zip codes
California Court Rejects Class Action Based on Data Collection for PII Aggregation Purposes
By InfoLawGroup LLP on October 28, 2009
On Friday, the California Court of Appeal, Fourth Appellate District, certified for publication its October 8 opinion in Pineda v. Williams-Sonoma, the most recent in a string of decisions regarding California's Song-Beverly Credit Card Act of 1971, California Civil Code § 1747.08. On first glance, Pineda appears uneventful. The Court merely reiterated its December 2008 holding in Party City v. Superior Court, 169 Cal.App.4th 497 (2008), that zip codes are not personal identification information for purposes of the Act, right? Not so fast. In fact, the Pineda court added a couple of new wrinkles that are worth a second look. First, the court reaffirmed its Party City holding even though Pineda specifically alleged that Williams-Sonoma collected the zip code for the purpose of using it and the customer's name to obtain even MORE personal identification information, the customer's address, through the use of a "reverse search" database. Second, the court held that a retailer's use of a legally obtained zip code to acquire, view, print, distribute or use an address that is otherwise publicly available does not amount to an offensive intrusion of a consumer's privacy under California law.
class action, FTC, Hannaford, malware, negligence, security breach litigation, SQL injection, State case law
Merchant Liability for "Time and Effort" Following Security Breach?
By W. Scott Blackmer on October 09, 2009
This week the federal court in the Hannaford class action asked the highest court in Maine to clarify whether cardholders' "loss of time and effort" are sufficient injuries to ground a negligence claim following a payment card security breach.