SAN FRANCISCO - A California federal judge on March 23 mostly denied motions by Apple Inc. and a group of application (app) developers to dismiss a class action alleging privacy and other violations related to purported misappropriation of information in the address books of certain Apple devices (iDevices) (Marc Opperman, et al. v. Path Inc., et al., No. 3:13-CV-00453, N.D. Calif.; 2015 U.S. Dist. LEXIS 36137).
SAN FRANCISCO - Noting a lack of Michigan case law defining key terms in the state's Video Rental Privacy Act (VRPA), a Ninth Circuit U.S. Court of Appeals panel on Feb. 24 certified a question to the Michigan Supreme Court, seeking the terms' definitions prior to deciding whether music-streaming service provider Pandora Media Inc. can be classified a lender of sound recordings in a privacy lawsuit against it (Peter Deacon v. Pandora Media Inc., No. 12-17734, 9th Cir.).
PHILADELPHIA - The Coca-Cola Co. and several of its divisions asked a Pennsylvania federal judge on Feb. 3 to dismiss a Driver's Privacy Protection Act (DPPA) class complaint brought employees after dozens of laptops containing their personal data were stolen (Shane K. Enslin v. The Coca-Cola Company, et al., No. 14-6476, E.D. Pa.).
SALT LAKE CITY - The Utah Supreme Court on Jan. 30 ruled that a peer-to-peer (P2P) network user had no reasonable expectation of privacy in files he shared publicly and, therefore, the government was permitted to submit evidence of child pornography files that he shared at trial (State of Utah v. Daniel Roberts, No. 20120884, Utah Sup.; 2015 UT 24; 2015 Utah LEXIS 49).
NEWARK, N.J. - Finding that the plaintiffs in a putative privacy class action against Viacom Inc. and Google Inc. had "not cured the enumerated defects" identified in a previous ruling, a New Jersey federal judge on Jan. 20 again granted the defendants' motion to dismiss, this time without leave to amend (In Re: Nickelodeon Consumer Privacy Litigation, MDL No. 2443, D. N.J.; 2015 U.S. Dist. LEXIS 6205).
WEST PALM BEACH, Fla. - In a case that it said "stands at the intersection of a litigant's privacy interests in social media postings and the broad discovery allowed in . . . a civil case," a Florida appeals panel on Jan. 7 found no expectation of privacy in a woman's Facebook account, declining to overturn a trial court's granting of a motion to compel by Target Corp. in a personal injury lawsuit (Maria F. Leon Nucci, et al. v. Target Corp., et al., No. 4D14-138, Fla. App., 4th Dist.; 2015 Fla. App. LEXIS 153).
NEW BERN, N.C. - A defendant charged under the Computer Fraud and Abuse Act (CFAA) had no reasonable expectation to privacy in certain location data obtained by the government from his wireless, email and social network records, a North Carolina federal judge ruled Jan. 6, denying motions to suppress such evidence under the Fourth and Fifth Amendments to the U.S. Constitution (United States of America v. Nikhil Nilesh Shah, No. 5:13-cr-00328, E.D. N.C.; 2015 U.S. Dist. LEXIS 826).
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Nov. 21 affirmed the dismissal of a man's lawsuit claiming that the U.S. Department of Justice and U.S. Attorney's Office for the Southern District of Mississippi violated the Right to Financial Privacy Act (RFPA) when issuing subpoenas to financial institutions as part of their health care fraud investigation, holding that the man's claims were barred by the three-year statute of limitations (Frank B. McCune Jr. v. U.S. Department of Justice, et al., No. 14-60145, 5th Cir.; 2014 U.S. App. LEXIS 22146).
INDIANAPOLIS - The Indiana Court of Appeals on Nov. 14 upheld a jury ruling that a pharmacy and pharmacist are liable for damages sustained by a customer as a result of the pharmacist's privacy breach (Walgreen Co. v. Abigail E. Hinchy, No. 49A02-1311-CT-950, Ind. App.; 2014 Ind. App. LEXIS 560).
ATLANTA - Android devices' identification numbers are not "personally identifiable information" as defined under the Video Privacy Protection Act (VPPA), a Georgia federal judge ruled Oct. 8 (Mark Ellis, et al. v. The Cartoon Network, Inc., No. 14-484, N.D. Ga.; 2014 U.S. Dist. LEXIS 143078).
SAN FRANCISCO - Yelp Inc. was hit with a $450,000 penalty for collecting personal information from children under 13 in violation of the Children's Online Privacy Protection Act of 1998 (COPPA) via its smartphone applications (apps) in a stipulated order signed by a California federal judge on Sept. 22 (United States of America v. Yelp Inc., No. 3:14-cv-04163, N.D. Calif.).
LOS ANGELES - A California woman who filed a class complaint accusing a clothing retailer of violating the Song-Beverly Credit Card Act of 1971 by collecting personal information from customers at the time of credit card transactions was ordered, on Sept. 11, to prove federal jurisdiction (Tamar Estanboulian v. Forever 21 Retail, Inc., No. 14-6971, C.D. Calif.; 2014 U.S. Dist. LEXIS 128246).
NEW ORLEANS - A cell phone user has no expectation of privacy in cell site location data collected by a service provider and provided to law enforcement personnel, a Fifth Circuit U.S. Court of Appeals panel ruled Sept. 11, distinguishing such data collection from that deemed infringing in Riley v. California (134 S.Ct. 2473 $(2014$)) and upholding a trial court's racketeering and murder conviction and sentencing of a Texas man (United States of America v. Javier Guerrero, No. 13-50376 and 13-50379, 5th Cir.; 2014 U.S. App. LEXIS 17582).
SEATTLE - A commercial general liability insurer has no duty to defend or indemnify its insured against two class action lawsuits alleging violations of Michigan's Video Rental Privacy Act (VRPA) and California's Song-Beverly Credit Card Act, a Washington federal judge ruled Aug. 7, granting the insurer's motion for summary judgment in part (National Union Fire Insurance Company of Pittsburgh, PA v. Coinstar Inc., et al., No. C13-1014-JCC, W.D. Wash.; 2014 U.S. Dist. LEXIS 109338).