Plaintiffs in consumer class action lawsuits often assert a theory of harm based on an alleged overpayment. The typical claim is that a plaintiff bought a good or service that had some alleged defect or was subject to some misrepresentation, and that they therefore paid more than they would have absent the defect or misrepresentation.…

Adding to a growing body of case law following the Ninth Circuit’s decision in Popa v. Microsoft Corporation, a California federal court has dismissed for lack of subject matter jurisdiction a privacy suit against a news website, holding that the plaintiffs failed to allege a concrete injury sufficient to establish Article III standing. In Re:…

A recent decision from the Southern District of California underscores a point courts have made increasingly clear after the Ninth Circuit’s precedential decision in Popa v. Microsoft: alleging the disclosure of online activity—even activity touching on sensitive health topics—is not enough, by itself to establish Article III standing.  As the Court put it, the mere…

In a new post on the Inside Privacy blog, our colleagues discuss the Seventh Circuit’s recent Clay v. Union Pacific Railroad Company holding that a 2024 amendment to the Illinois Biometric Information Privacy Act (BIPA) limiting damages to a per-person basis applies retroactively to cases pending when the amendment was enacted. This decision limits…

We have routinely highlighted the proliferation of wiretapping class actions, and the variety of approaches courts have taken to address them.  One common pitfall for plaintiffs in these types of cases is standing, an issue highlighted in a recent Third Circuit case throwing out a proposed federal class action against Harriet Carter Gifts and NaviStone…