On February 10, 2023, an Illinois federal district court ordered the dismissal of a putative class action lawsuit alleging that an online tool that allowed users to virtually try on sunglasses violated the Illinois Biometric Privacy Act.
Continue Reading Court Rules that BIPA Health Care Exemption Applies to Sunglasses Virtual Try-On Tool
Insurer Can’t Flush Away Its Duty to Defend
As recently reported on our firm’s Insurance Recovery Blog, the Northern District Court of Illinois reaffirmed the bedrock principle that an insurer’s duty to defend is broad and triggered by any allegations in a complaint that potentially fall within a policy’s coverage grant.
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Whole Foods Settles BIPA Voiceprint Class Action
On January 3, 2023, an Illinois state court entered a preliminary approval order for a settlement of nearly $300,000 in a class action lawsuit against Whole Foods for claims that the company violated the Illinois Biometric Information Privacy Act.
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Class Action Lawsuits Continue Targeting Companies For Tracking Users’ Website Activity
Plaintiff’s firms continue to file variations of state law wiretapping lawsuits over “session replay” software and “live chat” or “chatbot” applications in various jurisdictions. These filings typically allege that companies use such software tools to record users’ interactions with a website without first obtaining users’ consent, thereby violating the wiretapping, eavesdropping, or interception provisions of various state laws.
Continue Reading Class Action Lawsuits Continue Targeting Companies For Tracking Users’ Website Activity
Fitness App Agrees to Pay $56 Million to Settle Class Action Alleging Dark Pattern Practices
On February 14, 2022, Noom Inc., a popular weight loss and fitness app, agreed to pay $56 million, and provide an additional $6 million in subscription credits to settle a putative class action in New York federal court. The class is seeking conditional certification and has urged the court to preliminarily approve the settlement.
Continue Reading Fitness App Agrees to Pay $56 Million to Settle Class Action Alleging Dark Pattern Practices
Second Circuit Affirms Dismissal of Data Breach Class Action on Article III Standing Grounds, Citing Unanimity of Circuits on “Increased Risk” Claims
The Second Circuit just affirmed the dismissal of a data breach class action predicated on an alleged increased risk of identity theft on Article III standing grounds.
Continue Reading Second Circuit Affirms Dismissal of Data Breach Class Action on Article III Standing Grounds, Citing Unanimity of Circuits on “Increased Risk” Claims
Wireless Retailer Faces Conditionally Certified Nationwide Class of Workers with Overtime Claims Despite Official Company Policy Against Off-The-Clock Work
On October 15, 2020, the United States District Court for the Southern District of Texas granted conditional certification to a class of assistant managers in 550 wireless retail stores across the country. In Martinez v. Mobilelink, assistant store managers in the wireless retailers’ stores alleged that they were regularly required to work unpaid overtime. The employees sought to certify a class consisting of all current and former AMs employed by Mobilelink from March 2017 through the present.
Continue Reading Wireless Retailer Faces Conditionally Certified Nationwide Class of Workers with Overtime Claims Despite Official Company Policy Against Off-The-Clock Work
Is a Wave of PFAS Consumer Class Actions on the Horizon?
Two putative class actions recently filed in the Northern District of California preview a new theory of consumer claims relating to per- and polyfluoroalkyl substances. Rather than rely on alleged omissions or representations about health risks, the plaintiffs claim that they relied on marketing statements that indicated the products they purchased were disposable and would completely degrade over time and that the presence of PFAS in the products means those marketing statements were false.
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Federal Judge Scales Back Nationwide Class Claims in Case of Escaping Gerbils
In a favorable decision for retailers, a California federal court judge scaled back a proposed class action seeking to bring nationwide class claims. Plaintiff Todd Carpenter alleged that he bought a rodent habitat at a California PetSmart and that the habitat was defective in such a way that his rodents were able to chew through and escape. He filed a class action in the US District Court for the Southern District of California for violations of California consumer protection laws, violation of the Magnuson-Moss Warranty Act and common law fraud. The plaintiff sought to represent a nationwide class consisting of all purchasers of the rodent habitat along with a California subclass. PetSmart moved to strike the nationwide class on the grounds that the court lacked personal jurisdiction over PetSmart with respect to the nationwide class.
Continue Reading Federal Judge Scales Back Nationwide Class Claims in Case of Escaping Gerbils
2019 Retail Industry Year in Review
Innovation and developments in technology bring both opportunities and challenges for retailers, and Hunton Andrews Kurth has a sophisticated understanding of these issues and how they affect retailers. On January 23, 2020, our cross-disciplinary retail team, composed of over 200 lawyers, released our annual Retail Industry Year in Review.
Continue Reading 2019 Retail Industry Year in Review