LexisNexis® Legal Newsroom
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.).

Mealey's Litigation Procedure - Nickelodeon Privacy Plaintiffs Oppose Viacom's Summary Judgment Plan On Remand

NEWARK, N.J. - The plaintiffs in a privacy class action against Viacom Inc. and Google Inc. filed a letter in New Jersey federal court Aug. 19, taking issue with Viacom's efforts to file a prediscovery summary judgment motion to dispose of the remaining intrusion upon seclusion claim that was recently revived and remanded by the Third Circuit U.S. Court of Appeals (In Re: Nickelodeon Consumer Privacy Litigation, No. 2:12-cv-07829, D. N.J.).

Mealey's IP/Tech - DEA's Subpoena Of Hotmail Account Did Not Violate 4th Amendment, 7th Circuit Rules

CHICAGO - The U.S. Drug Enforcement Agency (DEA) did not violate the Fourth Amendment to the U.S. Constitution in issuing subpoenas on a man's email provider and Internet service provider (ISP) because he had no expectation of privacy in his computer's Internet protocol (IP) address, a Seventh Circuit U.S. Court of Appeals panel found Aug. 17, affirming a district court's denial of the defendant's motion to suppress in a drug possession case (United States of America v. Frank Caira, No. 14-1003, 7th Cir.; 2016 U.S. App. LEXIS 15098).

Mealey's Litigation Procedure - DEA's Subpoena Of Hotmail Account Did Not Violate 4th Amendment, 7th Circuit Rules

CHICAGO - The U.S. Drug Enforcement Agency (DEA) did not violate the Fourth Amendment to the U.S. Constitution in issuing subpoenas on a man's email provider and Internet service provider (ISP) because he had no expectation of privacy in his computer's Internet protocol (IP) address, a Seventh Circuit U.S. Court of Appeals panel found Aug. 17, affirming a district court's denial of the defendant's motion to suppress in a drug possession case (United States of America v. Frank Caira, No. 14-1003, 7th Cir.; 2016 U.S. App. LEXIS 15098).

Mealey's IP/Tech - 6th Circuit Revives Florida Man's Wiretap Suit Against Spyware Firm

CINCINNATI - A plaintiff sufficiently alleged that the developer of software that was used to intercept and record his communications was an active participant in these actions, a Sixth Circuit U.S. Court of Appeals panel majority found Aug. 16, reversing a trial court's ruling that dismissed the plaintiff's claims under the Electronic Communications Privacy Act (ECPA) for failure to state a claim (Javier Luis v. Awareness Technologies, et al., No. 14-3601, 6th Cir.).

Mealey's Antitrust/Unfair Competition - Google Seeks Summary Judgment, Expert Exclusion In Google Wallet Class Action

SAN JOSE, Calif. - In a pair of reply briefs filed Aug. 10 in California federal court, Google Inc. seeks to support its pending motions for summary judgment in a putative privacy class action over its Google Wallet feature and to exclude the lead plaintiff's expert's testimony on damages (Alice Svenson v. Google Inc., et al., No. 5:13-cv-04080, N.D. Calif.).

Mealey's Litigation Procedure - Pokemon Go Developer Hit With Canadian Invasion-Of-Privacy Class Proceeding

CALGARY, Alberta - A Canadian woman on Aug. 18 filed suit in the Court of Queen's Bench for Alberta against Niantic Inc., the developer of the mobile game Pokemon Go, asserting that her property has become a "Pokestop" in the game against her wishes, leading the game's players to invade her privacy (Barbra-Lyn Schaeffer v. Niantic Inc., No. 1601-01491, Queen's Bench, Alberta).

Mealey's Litigation Procedure - Google Seeks Summary Judgment, Expert Exclusion In Google Wallet Class Action

SAN JOSE, Calif. - In a pair of reply briefs filed Aug. 10 in California federal court, Google Inc. seeks to support its pending motions for summary judgment in a putative privacy class action over its Google Wallet feature and to exclude the lead plaintiff's expert's testimony on damages (Alice Svenson v. Google Inc., et al., No. 5:13-cv-04080, N.D. Calif.).