An Illinois federal court recently rejected efforts to bring a consumer class action against the parent company of Fiji brand water over allegations that its plastic water bottles contained microplastics. In doing so, the court added its voice to the growing body of case law about microplastics and offered a window into how to attack
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New York Proposes New Consumer Protection Law
On Thursday March 13, 2025, New York Attorney General Letitia James announced proposed legislation to expand New York’s consumer protection law: the Fostering Affordability and Integrity through Reasonable (FAIR) Business Practices Act (“the Act”). The Act would update and expand New York’s current consumer protection law, Sections 349 and 350 of the New York General…
Courts Hold CIPA’s Pen Register Provision Does Not Apply to Internet Communications or to Alleged Data Collection “About Visitors’ Devices, From Visitors’ Devices”
Court decisions addressing “pen register” claims brought under the California Invasion of Privacy Act (“CIPA”) have started trickling in after last year saw an uptick in these claims targeting businesses’ use of website tools. Two more California courts recently joined a growing trend dismissing pen register claims, but they did so on new grounds: one…
Ninth Circuit Shoots Down Fee Award in Data Breach Class Action
The Ninth Circuit recently reversed an $800,000 attorney fee award in a data breach class action because the award accounted for too large a portion of the total value of the settlement. In re California Pizza Kitchen Data Breach Litig., — F.4th —, 2025 WL 583419 (9th Cir. Feb. 24, 2025).…
Ninth Circuit Affirms Dismissal of CIPA and Wiretap Act Claims Against Celebrity Platform
A fan of celebrity LL Cool J filed a wiretapping suit against Community.com (“Community”), claiming that Community accessed her text message to LL Cool J in violation of the federal Wiretap Act and the California Invasion of Privacy Act (“CIPA”). In an unpublished opinion highlighting that Section 632 of CIPA does not protect communications that…
No Final Judgment, No Attorneys’ Fees: The Supreme Court Clarifies the Meaning of “Prevailing Party” in Lackey v. Stinnie
In Lackey v. Stinnie, the Supreme Court has clarified who qualifies as a “prevailing party” eligible for attorneys’ fees under certain statutes. The decision carries significant implications for the availability of attorneys’ fees in class action cases where defendants are able to moot claims before a court enters a final judgment.
At issue…
FedArb Updates Mass Arbitration Rules to Incorporate Affirmation Requirement
By Devon Schulz
Companies with arbitration agreements should carefully consider potential arbitration providers’ mass arbitration procedures and fee structures if they could be at risk of becoming the target of a mass arbitration. FedArb, an ADR provider, recently updated its consumer and employment Mass Arbitration Rules to include a robust affirmation requirement, similar to the “reasonable inquiry” standard…
Website Wiretapping Litigation: Recent Decisions and Developments
Website analytics and advertising tools, such as pixels, are regularly targeted in lawsuits brought under various wiretap laws, including the federal Wiretap Act and the California Invasion of Privacy Act (“CIPA”). Over the last several months, we have featured posts discussing an important decision from Massachusetts’ highest court about the availability of website wiretap suits…
California Federal Court Permits Thousands of Arbitration Opt-Outs from Certified Class
A court in the Northern District of California recently denied Google’s request to prevent more than 69,000 putative class members from opting out of a certified class in favor of pursuing individual arbitration of their claims against Google. See In re Google Assistant Privacy Litig., 2025 WL 510435, at *1 (N.D. Cal. Feb. 14, 2025)…
New Jersey Court Applies CIPA’s Party Exception to Pixel Wiretap Complaint
Last month, a New Jersey federal judge applied Third Circuit precedent to hold that the California Invasion of Privacy Act (“CIPA”) does not impose liability for commonplace use of website marketing/analytics pixels under the well-established party exception. Cole v. Quest Diagnostics, Inc., 2025 WL 88703 (D.N.J. Jan. 14, 2025).…