CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Aug. 14 upheld a man's drug-trafficking and money-laundering conviction, finding that U.S. Drug Enforcement Agency agents' use of GPS data that the defendant's cell phone emitted did not violate his rights under the Fourth Amendment to the United States Constitution, U.S.C.S. Const. Amend. 4. (United States of America v. Melvin Skinner, No. 09-6497, 6th Cir.; 2012 U.S. App. LEXIS 16920).
SAN FRANCISCO - A California federal magistrate judge on Aug. 10 denied a motion to dismiss the sole remaining claim, violating the Video Privacy Protection Act (VPPA), in the class complaint filed against an online video provider accused of wrongfully disclosing viewers' video selections and personal identification information to third parties (In Re Hulu Privacy Litigation, No. 11-3764, N.D. Calif.; 2012 U.S. Dist. LEXIS 112916).
LOS ANGELES - A federal judge in California on June 26 granted a law firm's motion for sanctions against a pro se plaintiff who alleged that the firm violated federal and state law and committed invasion of privacy and defamation by allegedly running his credit report without a permissible purpose, calling the complaint "frivolous" and a "clear abuse of the judicial process" (Hakob Ayvazian v. The Moore Law Group, et al., No. 12-1506, C.D. Calif.; 2012 U.S. Dist. LEXIS 88556).
SAN DIEGO - A man cannot show that he suffered harm from a company's failure to comply with certain disclosure requirements under California's personal-information-sharing law and, thus, economic injury on which to pursue his California unfair competition law (UCL) claims, a federal judge held June 14 (David Boorstein v. Men's Journal LLC, No. 12-771, C.D. Calif.). Subscribers may view the opinion available within the full article.
SAN JOSE, Calif. - A group of putative class plaintiffs failed to establish that their iPhones, iPads and related devices (iDevices) qualified as "electronic communication services" facilities or "electronic storage" under the Stored Communications Act (SCA), a California federal judge ruled June 12, dismissing related privacy violations claims related to alleged tracking via the use of third-party applications (apps) on devices manufactured by Apple Inc. (In Re iPhone Application Litigation, No. 5:11-md-02250, N.D. Calif.; 2012 U.S. Dist. LEXIS 81426).
WASHINGTON, D.C. - Eight complaints alleging privacy violations related to the use of "cookies" by Google Inc. were consolidated in the U.S. District Court for the District of Delaware on June 12 by the U.S. Judicial Panel on Multidistrict Litigation (JPMDL) (In Re: Google Inc. Cookie Placement Consumer Privacy Litigation, MDL No. 2358, JPMDL).
SAN FRANCISCO - A California federal magistrate judge on June 11 dismissed six out of seven claims, one with prejudice and five without, contained in a class action complaint filed against an online video provider accused of wrongfully disclosing viewers' video selections and personal identification information to third parties (In Re Hulu Privacy Litigation, No. 11-3764, N.D. Calif.; 2012 U.S. Dist. LEXIS 80601).
SACRAMENTO, Calif. - Stored Communications Act (SCA), 18 U.S.C.S. § 2701, does not apply to a juror's Facebook postings, a California appeals panel majority ruled May 31, also finding that the juror failed to establish any expectation of privacy for those posts under either the Fourth or Fifth Amendments to the U.S. Constitution (Juror Number One v. The Superior Court of Sacramento Co., et al., No. C067309, Calif. App., 3rd Dist.; 2012 Cal. App. LEXIS 642).
SAN JOSE - An amended complaint filed in California federal court on May 17 combining more than 20 similar cases around the county seeks more than $15 billion from Facebook Inc. for allegedly intercepting and tracking users' Internet communications and activity after users log out of their Facebook accounts (In Re: Facebook, Inc. Internet Tracking Litigation, No. 12-2314, N.D. Calif.). Subscribers may view the complaint available within the full update.
WASHINGTON, D.C. - The National Security Agency (NSA) made a "logical and plausible" showing that documents requested by a public interest group under the Freedom of Information Act (FOIA) 5 U.S.C.S. § 552, were "specifically exempted from disclosure" by the statute's provisions, a District of Columbia Circuit U.S. Court of Appeals panel ruled May 11, upholding a lower court's ruling (Electronic Privacy Information Center v. National Security Agency, No. 11-5233, D.C. Cir.; 2012 U.S. App. LEXIS 9571).
WASHINGTON, D.C. - In an agreement and consent order filed with the U.S. Federal Trade Commission on May 8, MySpace LLC agreed to implement "a comprehensive privacy program" to address the commission's concerns over personally identifiable information (PII) that the social network shared with third-party advertisers (In the Matter of MySpace LLC, No. 102 3058, FTC). Subscribers may view the agreement and consent order available within the full update.
SAN FRANCISCO - A man's claim that he was enrolled in a privacy protection plan without his consent and that the resulting fees caused him to overdraft from his bank account give him standing to pursue his Consumer Legal Remedies Act (CLRA), California Civil Code Section 1750, et seq., and California unfair competition law (UCL) claims, a federal judge held May 4 (Steven M. Chavez v. Bank of America Corp., et al., No. 10-0653, N.D. Calif.; 2012 U.S. Dist. LEXIS 62935).
CINCINNATI - The bulk purchase of motor vehicle records without a specific need does not violate the Driver's Privacy Protection Act (DPPA), the Sixth Circuit U.S. Court of Appeals ruled April 30, upholding a trial court's rejection of a class complaint (Norma Wiles, et al. v. Ascom Transport System, Inc., dba ACS Transport Solutions, Inc., No. 11-5342, 6th Cir.; 2012 U.S. App. LEXIS 8991).
OAKLAND, Calif. - A California federal judge on April 27 certified a class of consumers claiming privacy violations after their credit reports were provided by a credit-reporting company to another company seeking to collect on towing deficiency claims (Roane Holman, et al. v. Experian Information Solutions, Inc., No. 11-180, N.D. Calif.; 2012 U.S. App. LEXIS 59401).
LOS ANGELES - A California federal judge on April 27 ruled that two privacy lawsuits brought by cell phone users alleging that their communications were secretly recorded belong in state and not federal court because California's Invasion of Privacy Act is not completely preempted by the Federal Wiretap Act (Cindy Leong, et al. v. Carrier IQ Inc., et al., No. 12-1562, Carey Eckert, et al. v. Carrier IQ Inc., et al., No. 12-1564, C.D. Calif.; 2012 U.S. Dist. LEXIS 59480).
MIAMI - An order by Florida's governor for mandatory random drug testing of more than 85,000 state workers cannot be implemented because it is unconstitutional, a federal judge held April 26, saying that the "privacy interests infringed upon here outweigh the public interest sought" (American Federation of State County and Municipal Employees (AFSCME) Council 79 v. Rick Scott, No. 11-civ-21976, S.D. Fla.). View related prior history, 2011 U.S. Dist. LEXIS 141792. Subscribers may view the opinion available within the full update.
TUCSON, Ariz. - A federal judge in Arizona on April 18 denied JP Morgan Chase Bank N.A.'s motion to dismiss a suit alleging that it violated the Telephone Consumer Protection Act (TCPA) and invaded the plaintiffs' privacy by making more than 100 phone calls after the plaintiffs defaulted on their mortgage (Shupe, et al. v. JP Morgan Chase Bank of Arizona, No. 11-00501, D. Ariz.; 2012 U.S. Dist. LEXIS 54285).
SAN FRANCISCO - One day after the operator of an online social gaming website and the Federal Trade Commission entered into a consent decree regarding the operator's violation of the Children's Online Privacy Protection Act of 1998 (COPPA), a California federal judge on March 28 signed and approved their agreement, enjoining the site operator from collecting any "individually identifiable information" from minors without providing sufficient notice to their parents or guardians (United Sates of America v. RockYou Inc., No. 3:12-cv-01487, N.D. Calif.). (Subscribers may view the consent decree within this report.)
SAN FRANCISCO - A former employee's allegations against his employer insured raise the potential for coverage under an insurance policy's definition of "injury" that includes "common law claims for invasion of the right of privacy," a California federal judge ruled March 20, denying the insurer's motion for summary judgment in part (Twin Star Ventures Inc., et al. v. Universal Underwriters Insurance Co., No. 10-04284, N.D. Calif.; 2012 U.S. Dist. LEXIS 37628).
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WASHINGTON, D.C. - In light of a motion by Google Inc. to the U.S. Judicial Panel on Multidistrict Litigation to consolidate and transfer 12 privacy cases against it to California federal court, a District of Columbia federal judge on March 15 granted a joint motion by Google and the plaintiff in one of those cases to stay the case pending a decision by the panel (Kevin Jacobsen v. Google Inc., No. 1:12-cv-00351, D. D.C.).