Companies face significant exposure from privacy related claims. An increasing number of these claims result from efforts at the state level to regulate use of personal data. One key focus is Illinois’ Biometric Information Privacy Act (“BIPA”), but as lawmakers in other states continue to introduce legislation aimed at regulating the use of biometric data, more court decisions may muddy the waters regarding what conduct may be covered under a general liability policy.
Continue Reading Illinois Court Says 7th Circuit Fumbled Illinois Law in BIPA Decision
Illinois
Retailers Have No Room to Manipulate Reviews: FTC and States Sue Rental Listing Platform Roomster for Bogus Listings
The Federal Trade Commission and six states have filed suit against Roomster Corp. and two corporate executives, accusing the residential rental listing platform of using fake reviews and unverified listings to generate tens of millions of dollars in business. According to the complaint, these practices often occur at the expense of vulnerable customers who rely on Roomster to find safe low-cost housing within expensive housing markets.
Continue Reading Retailers Have No Room to Manipulate Reviews: FTC and States Sue Rental Listing Platform Roomster for Bogus Listings
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
Defense owed for Product Recall and Insured’s Related Affirmative Claims
As reported on the Hunton Insurance Recovery Blog on January 18, 2019, policyholders facing any type of products liability scored a win in a recent decision from the District Court for the Northern District of Illinois. The court found that an insurance company must defend its insured against claims arising out of a recall while simultaneously funding the insured’s affirmative claims for recovery.
Continue Reading Defense owed for Product Recall and Insured’s Related Affirmative Claims
Illinois Supreme Court Says Biometric-Data Protection Law Does Not Require Allegation of Actual Injury
As reported on Hunton Andrews Kurth’s Privacy & Information Security Law Blog on January 25, 2019, the Illinois Supreme Court ruled that an allegation of “actual injury or adverse effect” is not required to establish standing to sue under the Illinois Biometric Information Privacy Act.
Continue Reading Illinois Supreme Court Says Biometric-Data Protection Law Does Not Require Allegation of Actual Injury
Consumer Protection in Retail: Weekly Roundup
This past week, several consumer actions made headlines that affect the retail industry. Continue reading for our weekly roundup. …
Continue Reading Consumer Protection in Retail: Weekly Roundup
Recall Roundup: September
Last month, the solar eclipse captivated the United States and many consumers flocked to purchase solar eclipse glasses to safely observe the astronomical phenomenon. We previously reported how NASA issued a safety alert advising consumers on the proper eye protection they should seek. Now, some consumers have filed a class action lawsuit against a major online retailer for allegedly selling “unfit, extremely dangerous, and/or defective” solar eclipse glasses. As a result, the consumers allege “varying degrees of eye injury ranging from temporary discomfort to permanent blindness.”
Continue Reading Recall Roundup: September
Consumer Protection in Retail: Weekly Roundup
This past week, several advertising actions made headlines that affect the retail industry. Continue reading for our weekly roundup. …
Continue Reading Consumer Protection in Retail: Weekly Roundup
Putative Data Breach Class Action Dismissed for the Third Time
On June 13, 2017, Judge Andrea R. Wood of the Northern District of Illinois dismissed with prejudice a putative consumer class action filed against Barnes and Noble. The case was first filed after Barnes and Noble’s September 2012 announcement that skimmers had tampered with PIN pad terminals in 63 of its stores and exposed payment card information.
Continue Reading Putative Data Breach Class Action Dismissed for the Third Time
State Attorneys General and Target Resolve Investigation of 2013 Data Breach
On May 23, 2017, Target reached a settlement with the Attorneys’ General of 47 states and the District of Columbia to resolve the states’ investigation of Target’s 2013 data breach.
Continue Reading State Attorneys General and Target Resolve Investigation of 2013 Data Breach