This blog has been cross-posted on the Global Privacy Watch site. Anyone following trends in consumer class action litigation will know that consumer privacy was a primary focus of the plaintiff’s bar in 2023. And there are no signs this uptick in consumer privacy claims is slowing any time soon. Although the claims center around use of tracking technology or analytics functions on consumer facing websites, several different statutes and claims have been asserted, including violations of state wiretap statutes and the Video Privacy Protection Act (“VPPA”).   Although these cases are large ..read more

This blog is cross-posted on The Global Privacy Watch blog site as well. Throughout much of 2023, businesses found themselves in a challenging position as they continued to grapple with defending against Illinois Biometric Information Privacy (BIPA) class action lawsuits. The year began on a somber note with the Illinois Supreme Court delivering unfavorable decisions on two pivotal threshold matters. However, rays of hope emerged when the same court issued two favorable decisions, one affirming union preemption, and another concerning medical exemptions under BIPA. These welcomed developments ..read more

With so many companies being hauled into court in California based on claims that the functionalities on their website and use of service providers for marketing or analytics purposes violate consumer privacy rights, it is important to exhaust all possible defenses available to defendants. Late last year, the Ninth Circuit issued a ruling upholding a dismissal based on a lack of personal jurisdiction over a web-based payment company. Companies operating interactive websites may be able to take advantage of this ruling as part of their defense strategy in 2024. In Briskin v. Shopify, Inc., the ..read more

This week, Seyfarth attorneys from multiple offices will be attending and presenting at the 2023 Association of National Advertisers Masters of Advertising Law Conference in Orlando, Florida. On Wednesday, Seyfarth Partners Kristine Argentine (Chicago) and Joe Orzano (Boston) will be presenting alongside in-house counsel on a panel covering the “Effective Collaboration Between Legal and Marketing.” The panel will focus on the effective involvement of both in-house and outside counsel in managing the legal risk of advertising and marketing. The discussion will include hot topics in advertising ..read more

Seyfarth Shaw’s Consumer Class Action and Product Liability groups have achieved a prestigious ranking in the highly regarded Legal 500 United States 2023 edition, solidifying their reputation as one of the nation’s top legal teams. This recognition reaffirms Seyfarth’s unwavering commitment to excellence in Product Liability, Mass Tort, and Class Action law. The Legal 500 United States guide lauds Seyfarth’s Consumer Class Action and Product Liability practices for their exceptional professionalism and meticulous attention to detail. The guide highlights their ability to consider cost sensiti ..read more

On Tuesday, June 13 at 1:00 p.m. Eastern, Seyfarth attorneys Kristine Argentine, John Tomaszewski, and Paul Yovanic will present at the Association of National Advertisers webinar, “Emerging Issues Surrounding Privacy Class Actions and Compliance in 2023.” This presentation will cover the recent surge in consumer class actions, compliance considerations, and recent developments in the law related to privacy claims, including TCPA and State Mini-TCPAs, the Video Privacy Protection Act, data breach claims, biometric privacy, and claims related to collection of data through google analytics tools ..read more

On April 3, 2023, the CFPB published a new official statement of policy on the authority that Congress passed in the Consumer Financial Protection Act of 2010 (“CFPA”), codified at 12 U.S.C. § 5536(a)(1)(B), banning “abusive conduct” in connection with the offering or provision of consumer financial products or services.  A copy of the new Policy can be found here. It is broad and tilted heavily in favor of consumers. This is the CFPB’s second effort at promulgating an official statement of policy on abusive acts and practices. On March 11, 2020, the Consumer Financial Protection Bureau ..read more

This post was originally published on Seyfarth’s Gadgets, Gigabytes & Goodwill blog. A recent motion for preliminary approval of a class action settlement filed in federal court in Georgia will bring to a close claims asserted on behalf of a class of Porsche owners for a purportedly botched over-the-air (“OTA”) software update sent to their vehicles. But a recent decision by a California federal court suggests that manufacturers may be able to avoid claims for violation of the Computer Fraud and Abuse Act (“CFAA”) so long as they do not “blatantly misdescribe” the OTA updates they transmit ..read more

Seyfarth continues to be on the forefront of issues involving the Illinois Biometric Information Privacy Act (“BIPA”). On February 10, 2023, Seyfarth attorneys Paul Yovanic and Kristine Argentine published an in-depth analysis of the current trends in BIPA litigation and what to expect for 2023 on Bloomberg Law. The article, examines the recent Illinois Supreme Court Tims decision applying a 5 year statute of limitations to all BIPA claims and the anticipated Illinois Supreme Court decision in White Castle which is expected to address the issue of when a violation accrues under the statute. Th ..read more

In the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook, our nationally-recognized team provides insights about litigation issues and trends to expect in 2023. Join us for the first session of our three-part webinar series, where members of our Commercial Litigation practice group will discuss key trends in the commercial litigation space. Part 1: Commercial Litigation Outlook: Insights and Predictions for Litigation Trends in 2023 Tuesday, February 7, 2023 1:00 p.m. to 2:00 p.m. Eastern 12:00 p.m. to 1:00 p.m. Central 11:00 a.m. to 12:00 p.m. Mountain 10:00 a.m. to 11 ..read more