LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Officer's DPPA Claims Barred By Statute Of Limitations, 11th Circuit Affirms

MIAMI - A former law enforcement officer's privacy claims under the Driver's Privacy Protection Act (DPPA) and related civil rights claims were properly dismissed as barred by the statute of limitations, an 11th Circuit U.S. Court of Appeals panel ruled Jan. 9, finding that the claims accrued on the date that the purported violations occurred (Shaun Foudy, et al. v. Indian River County Sheriff's Office, et al., No. 15-14646, 15-14659 and 15-15015, 11th Cir.; 2017 U.S. App. LEXIS 369)

Mealey's Litigation Procedure - Lenovo Spyware Plaintiffs Seek Approval Of Settlement With Software Designer

SAN JOSE, Calif. - The plaintiffs in a class action against computer manufacturer Lenovo (United States) Inc. on Dec. 9 moved in California federal court for preliminary approval of a settlement with the co-defendant that designed the spyware at the heart of the lawsuit's computer fraud and invasion of privacy claims (In Re: Lenovo Adware Litigation, No. 5:15-cv-02624, N.D. Calif.).

Mealey's IP/Tech - Lenovo Spyware Plaintiffs Seek Approval Of Settlement With Software Designer

SAN JOSE, Calif. - The plaintiffs in a class action against computer manufacturer Lenovo (United States) Inc. on Dec. 9 moved in California federal court for preliminary approval of a settlement with the co-defendant that designed the spyware at the heart of the lawsuit's computer fraud and invasion of privacy claims (In Re: Lenovo Adware Litigation, No. 5:15-cv-02624, N.D. Calif.).

Mealey's Litigation Procedure - Plaintiffs Argue That Class Treatment Is Superior In Spyware Suit

ERIE, Pa. - In a Dec. 2 reply brief supporting their motion for class certification, a Wyoming couple, who unknowingly purchased a laptop with spyware installed on it, tells a Pennsylvania federal court that their complaint against the laptop seller for violation of the Electronic Communications Privacy Act (ECPA) merits class treatment because of "the ability to answer predominating common questions in a uniform manner" in compliance with Federal Rule of Civil Procedure 23 (Crystal Byrd, et al. v. Aaron's Inc., et al., No. 1:11-cv-00101, W.D. Pa.).

Mealey's IP/Tech - Plaintiffs Argue That Class Treatment Is Superior In Spyware Suit

ERIE, Pa. - In a Dec. 2 reply brief supporting their motion for class certification, a Wyoming couple, who unknowingly purchased a laptop with spyware installed on it, tells a Pennsylvania federal court that their complaint against the laptop seller for violation of the Electronic Communications Privacy Act (ECPA) merits class treatment because of "the ability to answer predominating common questions in a uniform manner" in compliance with Federal Rule of Civil Procedure 23 (Crystal Byrd, et al. v. Aaron's Inc., et al., No. 1:11-cv-00101, W.D. Pa.).

Mealey's Litigation Procedure - Golden State Warriors Fan Defends Standing To Sue Team Over Eavesdropping App

SAN FRANCISCO - In a Dec. 1 brief opposing motions to dismiss her putative class action in California federal court against National Basketball Association team the Golden State Warriors, a plaintiff argues that she has sufficiently alleged a concrete injury under the Electronic Communications Privacy Act (ECPA) in the interception of her private communications via the Warriors' smartphone app (LaTisha Satchell v. Sonic Notify Inc. d/b/a Signal360, et al., No.3:16-cv-04961, N.D. Calif.).

Mealey's Litigation Procedure - Class Complaint Alleges Phone Maker, Software Firm Shared Personal Information

MIAMI - In a putative class complaint filed Nov. 22 in Florida federal court, a smartphone owner alleges that his phone's manufacturer and a firmware provider violated privacy and warranty laws by intercepting and transmitting his personal information without authorization to a Chinese server (Aaron Bonds v. Blu Products Inc., et al., No. 1:16-cv-24892, S.D. Fla.).

Mealey's Litigation Procedure - Viacom Seeks Judgment On Remanded Intrusion Claim Over Nickelodeon Websites

NEWARK, N.J. - In a Nov. 22 reply brief in New Jersey federal court, Viacom Inc. argues that it is entitled to summary judgment on the sole remaining intrusion upon seclusion claim in a remanded putative class action over purported collection of personally identifiable information (PII) from minors because the evidence clearly shows that it did not collect any "real-world identifying details" about users of its Nickelodeon websites (In Re: Nickelodeon Consumer Privacy Litigation, No. 2:12-cv-07829, D. N.J.).

Mealey's Litigation Procedure - Facebook Says Illinois Biometric Law Violates U.S. Constitution

SAN FRANCISCO - Facebook Inc. on Nov. 11 filed an amended answer in a putative class action brought against it under Illinois' Biometric Information Privacy Act (BIPA), with the social network operator raising a new affirmative defense that the Illinois statute violates the dormant commerce clause of the U.S. Constitution as applied by the plaintiffs (In re Facebook Biometric Information Privacy Litigation, No. 3:15-cv-03747, N.D. Calif.).

Mealey's IP/Tech - Spyware Class Action Against Lenovo Partly Dismissed, Partly Certified

SAN JOSE, Calif. - In an Oct. 27 ruling, a California federal judge permitted computer fraud, invasion of privacy and consumer-related claims against Lenovo (United States) Inc. related to the installation of laptop spyware to proceed, while dismissing wiretap and negligence claims. The judge also granted certification of nationwide and statewide indirect purchaser classes, but denied certification for a direct purchaser class (In Re: Lenovo Adware Litigation, No. 5:15-cv-02624, N.D. Calif.; 2016 U.S. Dist. LEXIS 149958).

Mealey's Litigation Procedure - Spyware Class Action Against Lenovo Partly Dismissed, Partly Certified

SAN JOSE, Calif. - In an Oct. 27 ruling, a California federal judge permitted computer fraud, invasion of privacy and consumer-related claims against Lenovo (United States) Inc. related to the installation of laptop spyware to proceed, while dismissing wiretap and negligence claims. The judge also granted certification of nationwide and statewide indirect purchaser classes, but denied certification for a direct purchaser class (In Re: Lenovo Adware Litigation, No. 5:15-cv-02624, N.D. Calif.; 2016 U.S. Dist. LEXIS 149958).

Mealey's Litigation Procedure - Facebook Biometrics Plaintiffs Cite Recent Rulings To Support Standing Per Spokeo

SAN FRANCISCO - In an Oct. 24 statement filed in California federal court, the plaintiffs in a putative class action alleging violation of an Illinois biometrics law by Facebook Inc. cite two recent federal court rulings that they say support their standing under Article III of the U.S. Constitution under the standard established in Spokeo Inc. v. Robins (136 S.Ct. 1540 [2016]) (In re Facebook Biometric Information Privacy Litigation, No. 3:15-cv-03747, N.D. Calif.).

Mealey's Litigation Procedure - Google Denies Claims In Email Scanning Putative Class Action

SAN JOSE, Calif. - Google Inc. on Oct. 21 filed its answer to a putative class action in California federal court over its purported scanning of emails on its Gmail service, denying that it violated the California Invasion of Privacy Act (***) or the Electronic Communications Privacy Act (ECPA) (Daniel Matera v. Google Inc., No. 5:15-cv-04062, N.D. Calif.).

Mealey's Litigation Procedure - Class Certification Again Sought In Suit Over Laptops Installed With Spyware

ERIE, Pa. - Eighteen months after the Third Circuit U.S. Court of Appeals affirmed their ability bring class claims against a rent-to-own (RTO) retailer that purportedly installed spyware on their computer, a Wyoming couple on Oct. 14 again moved for class certification to pursue their claims under the Electronic Communications Privacy Act (ECPA) (Crystal Byrd, et al. v. Aaron's Inc., et al., No. 1:11-cv-00101, W.D. Pa.).

Mealey's IP/Tech - Class Certification Again Sought In Suit Over Laptops Installed With Spyware

ERIE, Pa. - Eighteen months after the Third Circuit U.S. Court of Appeals affirmed their ability bring class claims against a rent-to-own (RTO) retailer that purportedly installed spyware on their computer, a Wyoming couple on Oct. 14 again moved for class certification to pursue their claims under the Electronic Communications Privacy Act (ECPA) (Crystal Byrd, et al. v. Aaron's Inc., et al., No. 1:11-cv-00101, W.D. Pa.).

Mealey's Litigation Procedure - Fair Claims Reporting Act Class Action Against Lyft Dismissed For Lack Of Standing

SAN FRANCISCO - In light of the concrete injury in fact requirement established by Spokeo Inc. v. Robins (136 S.Ct. 1540 [2016]), a California federal judge on Oct. 5 dismissed an employee's putative Fair Credit Reporting Act (FCRA) class action against ride-sharing service Lyft Inc., finding that the plaintiff's statutory and privacy violation claims were insufficient to establish standing under Article III of the U.S. Constitution (Michael Nokchan v. Lyft Inc., No. 3:15-CV-03008, N.D. Calif.; 2016 U.S. Dist. LEXIS 138582).

Mealey's Litigation Procedure - Discovery Of Facebook Source Code, Tables Denied In Message Scanning Class Action

OAKLAND, Calif. - The plaintiffs in a class action alleging private message (PM) scanning by Facebook Inc. saw three motions to compel discovery denied Oct. 4, with a California federal judge finding the requests for source code, configuration tables and related documents to be overbroad and not sufficiently tailored to the plaintiffs' allegations of privacy violations (Matthew Campbell, et al. v. Facebook Inc., No. 4:13-cv-05996, N.D. Calif.; 2016 U.S. Dist. LEXIS 137936).

Mealey's Litigation Procedure - Conde Nast's Dismissal Motion Fails In Class Suit Over Disclosing Customers' Info

NEW YORK - A New York federal judge on Sept. 28 denied a magazine publisher's attempt to dismiss a class complaint accusing it of violating the privacy rights of Michigan subscribers by selling their personal information to third parties (Suzanne Boelter, et al. v. Advance Magazine Publishers Inc., d/b/a/ Conde Nast, No. 15-5671, S.D. N.Y.; 2016 U.S. Dist. LEXIS 134484).

Mealey's Litigation Procedure - 6th Circuit Declines To Dismiss Appeal Of Privacy Class Action Against Time

CINCINNATI - A motion by Time Inc. to dismiss the appeal of a ruling in its favor in a privacy class action was denied Sept. 22, with a Sixth Circuit U.S. Court of Appeals panel finding that the magazine publisher's arguments went to the jurisdiction of the trial court, not the appeals court (Rose Coulter-Owens, et al. v. Time, Inc., No. 16-1321, 6th Cir.).

Mealey's Litigation Procedure - Vizio Moves To Dismiss Smart TV Privacy Suit For Lack Of Standing

SANTA ANA, Calif. - Vizio Inc. on Sept. 19 moved to dismiss a putative class action in California federal court over purported tracking of smart TV users' "viewing data" for lack of standing, arguing that the plaintiffs did not establish that it is a "video tape service provider" under the Video Privacy Protection Act (VPPA) or that it disclosed their personally identifiable information (PII) (In Re: Vizio, Inc., Consumer Privacy Litigation, No. 8:16-ml-02693, C.D. Calif.).

Mealey's Litigation Procedure - News Groups File FOIA Suit Over FBI's Unlocking Of San Bernardino Shooter's Phone

WASHINGTON, D.C. - Six months after the Federal Bureau of Investigation gained access to the iPhone of one of the San Bernardino, Calif., terrorists via assistance of an unidentified third party, three news organizations filed suit in District of Columbia federal court Sept. 16, seeking to compel the FBI to disclose details about its business transaction with this unknown vendor under the Freedom of Information Act (FOIA), citing public interest and privacy concerns (The Associated Press, et al. v. Federal Bureau of Investigation, No. 1:16-cv-01850, D. D.C.).

Mealey's Litigation Procedure - Privacy Suit Plaintiff Sanctioned For Spoliation Of Browsing History Evidence

NEW YORK - A plaintiff alleging violation of the Electronic Communications Privacy Act (ECPA) by a provider of advertising services for Internet error pages should have known of her duty to preserve browsing history and tracking cookie evidence from her computer, a New York federal magistrate judge ruled Aug. 29, granting in part the defendant's motion for sanctions for spoliation (Betsy Feist v. Paxfire Inc., et al., No. 1:11-cv-05436, S.D. N.Y.; 2016 U.S. Dist. LEXIS 116405).

Mealey's Litigation Procedure - Snapchat Biometrics Class Complaint Dismissed In Favor Of Arbitration

LOS ANGELES - One day after filing a notice of nonopposition to a motion to compel arbitration by Snapchat Inc., the lead plaintiffs in a putative class action on Aug. 30 filed a notice of voluntary dismissal in California federal court, agreeing to pursue their claim against the social network provider under Illinois' Biometric Information Privacy Act (BIPA) via arbitration (Jose Luis Martinez, et al. v. Snapchat Inc., No. 2:16-CV-05182, C.D. Calif.).

Mealey's Litigation Procedure - Golden State Warriors Hit With Suit Alleging Eavesdropping By Phone App

SAN FRANCISCO - The Golden State Warriors was named as a co-defendant in a putative class action in California federal court Aug. 29, with a plaintiff alleging that the National Basketball Association team's mobile phone app illegally intercepts and records users' private conversations in violation of the Electronic Communications Privacy Act (Latisha Satchell v. Sonic Notify Inc. d/b/a Signal360, et al., No.3:16-cv-04961, N.D. Calif.).

Mealey's Litigation Procedure - Motions To Compel Arbitration, Remand Filed In Snapchat Biometrics Suit

LOS ANGELES - In an Aug. 22 motion to compel arbitration filed in California federal court, Snapchat Inc. says that the lead plaintiffs in a putative class action brought under Illinois' Biometric Information Privacy Act (BIPA) are bound to arbitrate their dispute with the social network provider, per a provision in Snapchat's terms of use (TOU) (Jose Luis Martinez, et al. v. Snapchat Inc., No. 2:16-CV-05182, C.D. Calif.).