Tag Archives: Class Action

The Supreme Court Will Rule on Data Breach Class Arbitration Suit

The U.S. Supreme Court recently granted a petition for review of a data breach lawsuit addressing the issue of whether parties can pursue a class arbitration when the language in the arbitration agreement does not explicitly allow for such, Lamps Plus, Inc. v. Varela , No. 17-988, certiorari granted April 30, 2018. The Court will have the … Continue Reading

Banks Cannot Skirt Contract Remedies in Data Breach Suit Against Retail Merchant

Attempting to advance a novel theory of law, several banks filed a class action in Illinois federal court against a grocery store chain arising out of a data breach that resulted in the theft of 2.4 million credit and debit cards. Community Bank of Trenton v. Schnuck Markets, Inc. After the breach, and based on … Continue Reading

Illinois Nursing Home Faces Employee Class Action Based on State Biometric Privacy Act

An Illinois nursing home is facing a putative class action lawsuit filed by a worker who argues that the facility’s required fingerprint scan for timekeeping poses a threat to their privacy, and violates Illinois’s Biometric Information Privacy Act (“BIPA”). From July 2017 to October 2017, at least 26 employment class actions based on the BIPA … Continue Reading

Lyft Drivers Allege Uber Spied on them for Competitive Edge

Co-author: Devin Rauchwerger  A former Lyft driver filed a class action lawsuit in the Northern District of California against Uber, alleging Uber violated the Electronic Communications Privacy Act (“ECPA”), the California Invasion of Privacy Act (“CIPA”), and other common law invasions of privacy and unfair competition.  The plaintiff seeks to represent two classes: 1) all … Continue Reading

Retailer Successfully Defends Text Messaging TCPA Claim

Earlier this month, the United States Court of Appeals for the Seventh Circuit in Blow v. Bijora upheld a lower court decision rejecting a plaintiff’s claim that she did not consent to receive text messages from the defendant retailer. Plaintiff brought this class action seeking $1.8 billion in damages by alleging that the company’s practice … Continue Reading

No Harm, No Foul (And No Class Action Lawsuit): TCPA Class Action Dismissed For Failure to Allege Harm

Earlier this month, United States District Court Judge Peter Sheridan dismissed a class action brought against Work Out World (“WOW”) under the Telephone Consumer Protection Act (TCPA).  In doing so, Judge Sheridan relied on the recent decision by the United States Supreme Court in Spokeo, Inc. v. Robins. The named plaintiff, Norreen Susinno, filed a … Continue Reading

Motion to Deny Class Certification Under TCPA Granted

The U.S. District Court for the Southern District of California recently granted Wilshire Consumer Capital’s (WCC) motion to deny class certification in a putative class action filed under the Telephone Consumer Protection Act (TCPA). The named plaintiff, Alu Banarji, filed suit after receiving numerous telephone calls on her cell phone.  According to the Court, Ms. Banarji’s … Continue Reading
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