Tag Archives: Class Action

Germany’s Christmas Present: Data-Protection Class Actions

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Following the European Court of Justice’s Schrems decision invalidating the Safe Harbor mechanism, much attention has focused on how the Data Protection Authorities (DPAs) of EU member states would interpret and enforce Schrems. While close attention to DPA activity is important—and will become even more so upon the passage of the EU General Data Protection Regulation—some DPAs currently appear to be operating near enforcement capacity.  For example, the DPA of the German state of Hamburg recently released a report titled “Numbers - Facts - Shortcomings - Solutions” in which it indicated [...] Read more

Privacy Partner Dominique Shelton Authors Privacy Advisor Article on Hulu VPPA Case

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Dominique Shelton, partner in Alston and Bird’s Privacy & Data Security practice and member of the Litigation and Trial Practice group, authored an article appearing on June 19 in International Association of Privacy Professionals’ (IAPP) Privacy Advisor titled, “Court Denies Class-Action in Hulu Case, But There’s More.” In the article, Shelton discusses the Hulu consumer class-action case that has been ongoing since July 2011. Shelton points out that any company that hosts video content on its website or mobile app and includes a “Like” button [...] Read more

West Virginia High Court Finds Standing without Harm for Invasion of Privacy Claim in State Data Breach Class Action

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The West Virginia Supreme Court of Appeals recently issued an important – but outlier – decision in a data breach class action. In a per curiam decision, the Court held that the plaintiffs had standing to bring their claims even though discovery revealed that not a single class member – much less the named plaintiffs – had suffered any property damage or economic losses. Tabata v. Charleston Area Med. Ctr., No. 13-0766, — S.E.2d —, 2014 WL 2439961 (W. Va. May 28, 2014). Indeed, the court found that, although some of plaintiffs’ personal information had [...] Read more

ComScore Reaches $14 Million Settlement in Electronic Privacy Class Action

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On May 30, 2014, comScore Inc. announced that it has reached a $14 million settlement in the largest class ever certified in an Internet privacy lawsuit, composed of users who claim that comScore installed analytics software on their computers and sold their personal data to media outlets without their knowledge or consent. ComScore, a publicly-traded company, faced upwards of $1 billion in liability under various federal statutes aimed at protecting consumer privacy. This made it one of the largest (if not the largest) privacy class action certified in the country. Background on ComScore Lawsuit [...] Read more

A+B Privacy Team Provides Analysis of California AG Privacy Report: New Best Practices Guidance Applies to all Businesses Collecting Personal Information from California Residents

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In follow up to our previous blog, California AG Kamala Harris Issues Privacy Policy Guidance: Making Your Privacy Practices Public Contains Draft Tips for Website and Online Service Privacy Policies, regarding the release of the AG’s report, please see our recently released client advisory providing a detailed analysis of the new privacy guidance: California Attorney General Kamala Harris Releases Long-Anticipated Guidance Regarding Privacy Policy Notices . As conceived, the Report is designed to apply to all businesses, regardless of the country or state in which they operate, based on the [...] Read more

California AG Kamala Harris Issues Privacy Policy Guidance: Making Your Privacy Practices Public Contains Draft Tips for Website and Online Service Privacy Policies

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Today, California Attorney General Kamala Harris released her long-anticipated guidance on privacy policies for companies collecting information from California residents in a report entitled Making Your Privacy Practices Public (the “Report”). While the Report exceeds existing law in many respects, affected companies should take heed to review the report and be familiar with its contents as it sets forth a blue print for how the CA AG’s office views “best practices” in connection with privacy policy drafting in the areas of “Big Data,” behavioral tracking, data security, and the [...] Read more

AvMed’s Novel Data Breach Settlement- First Time Payment to Plaintiffs Who Have Not Suffered Identity Theft as a Result of Data Breach

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Recently, AvMed agreed to pay $3 million in a data breach settlement. What sets this apart from other data breach settlements is Plaintiffs who have not suffered identity theft as a result of the breach may nevertheless collect from the Settlement Fund. Plaintiffs who did not suffer identity theft claimed they were injured by overpaying an insurance premium which was supposed to safeguard data. AvMed’s Data Breach AvMed offers healthcare plans to businesses and individuals in Florida and throughout the United States. On December 10, 2009, three laptops were stolen from AvMed’s corporate [...] Read more