On September 29, 2025, the Federal Trade Commission (FTC) announced a legal action against the operator of the anonymous messaging app Sendit and its CEO for violations of multiple consumer protection and privacy laws. The complaint, filed in the United States District Court for the Central District of California by the Department of Justice at […]
Litigation
Back from the Brink: District Court Clears Air Regarding Individualized Damages Assessment in Data Breach Cases
On June 27, 2025, the District Court for the Middle District of Florida, on remand from the Eleventh Circuit, reversed course when it denied class certification to a group of plaintiffs who were purportedly impacted by a spring 2018 cyberattack on Brinker International, Inc., the parent company of the popular chain restaurant, Chili’s. The recent […]
Suite Victory: Marriott Finally Checks Out of Court
On June 3, 2025, the U.S. Court of Appeals for the Fourth Circuit issued a pivotal ruling in longstanding litigation against Marriott International, Inc., arising out of a 2018 data breach involving its Starwood Preferred Guest Program. In reversing the lower court’s grant of class certification, the Fourth Circuit determined that the customers’ contractual agreements […]
Ninth Circuit Addresses Personal Jurisdiction Based on E-Commerce Data Collection in En Banc Decision
A recent decision by the Ninth Circuit Court of Appeals in Briskin v. Shopify, Inc., No. 22-15815, could impact the scope of personal jurisdiction over e-commerce and other entities that utilize cookies to collect personal information from visitors to the entities’ websites, particularly in California. Although the impact of the case remains to be seen, […]
State Regulators Form Privacy Law Implementation and Enforcement Group
Eight state regulators have established a coalition called the Consortium of Privacy Regulators to collaborate on the implementation and enforcement of their privacy laws. According to announcements from the California Privacy Protection Agency (“CPPA”) and California Attorney General Rob Bonta, the Consortium aims to coordinate enforcement efforts, share priorities, and discuss developments in privacy law. […]