On April 17, 2025, the Supreme Court issued its opinion in Cunningham v. Cornell University, No. 23-1007, 604 U.S. ___ (2025), a case addressing the pleading standard for prohibited-transaction claims under § 406(a) of the Employee Retirement Income Security
Inside Class Actions
The latest developments and trends affecting class actions
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Second Circuit Affirms VPPA Dismissal: Data Is Not “Personally Identifiable Information” If Only Experts Can Decipher It
Last week, the Second Circuit affirmed dismissal of a putative class action under the Video Privacy Protection Act (VPPA), holding that the alleged transmission of code containing video titles and a unique user ID to a third-party is not a…
“Tester” Plaintiff Who “Actively Seeks Out Privacy Violations” Lacks Standing to Pursue CIPA Claim
Lawsuits targeting businesses’ use of website tools under the California Invasion of Privacy Act (“CIPA”) increasingly are filed by so-called “tester” plaintiffs. These plaintiffs seek out websites to “test” for potential CIPA violations and then file lawsuits seeking damages for…
Implied Consent to Privacy Policy in Webpage Footer Forecloses Website Wiretapping Claim
Does a plaintiff’s use of a website constitute consent to a privacy policy linked in the website’s footer? A Pennsylvania federal court answered yes in Popa v. Harriet Carter Gifts, Inc., 2025 WL 896938 (W.D. Pa. Mar. 24, 2025), granting…
Another California Court Rejects Privacy Claims Targeting Online Chat Feature
By Erin Moore & Matthew Verdin
Plaintiffs’ lawyers have continued to bring privacy claims targeting businesses that use vendors to help provide beneficial chat features on their website, as we last reported here. Late last year, a Southern District of California judge dismissed another set…
California Court Holds Plaintiffs’ Consent Defeats Claims Involving Use of Website Pixel
Early this month, a Northern District of California judge dismissed, with prejudice, a putative class action complaint asserting five privacy-related causes of action, concluding the “issue of consent defeat[ed] all of Plaintiffs’ claims.” Lakes v. Ubisoft, Inc., –F. Supp. 3d–,…
Recording of Customer Service Call “Not Private or Personal Enough” to Confer Article III Standing
Many businesses use customer support software that may include call recording features to help ensure a better customer service experience. A California federal court dismissed a wiretapping lawsuit filed against a software company offering this software tool (TalkDesk), holding that…
California Supreme Court Clarifies that CCP Section 998’s Cost-Shifting Rule Applies to Pre-Trial Settlements
By Sarah Leadem
One March 20, 2025, the California Supreme Court ruled in Madrigal v. Hyundai Motor America that California Code of Civil Procedure Section 998 can bar plaintiffs from recovering litigation costs if they enter a pre-trial settlement that is less favorable…
Illinois Federal Court Rejects Fiji Water Microplastics Case
By Marc Capuano
An Illinois federal court recently rejected efforts to bring a consumer class action against the parent company of Fiji brand water over allegations that its plastic water bottles contained microplastics. In doing so, the court added its voice to the…
New York Proposes New Consumer Protection Law
On Thursday March 13, 2025, New York Attorney General Letitia James announced proposed legislation to expand New York’s consumer protection law: the Fostering Affordability and Integrity through Reasonable (FAIR) Business Practices Act (“the Act”). The Act would update and expand…