June 14, 2013 – Texas Governor Rick Perry today signed into law a revision to the state’s data breach notification law that effectively deletes the requirement for entities that experience a data breach affecting residents of Texas to notify residents of other states in accordance with those other states’ laws or, for residents of states that […]
8-6-7-5-3-0-Class Action: Florida Court Certifies TCPA Class
Manno v. Healthcare Revenue Recovery Group, No. 11-61357 (S.D. Fla.) (Mar. 26, 2013) Judge Scola. Granting class certification. Individual consent issues often derail putative TCPA classes. Not this one (at least not yet). The plaintiff gave his cellphone number to a hospital as part of his admission to the emergency room. Later, when the plaintiff […]
Consent Issues Swamp California Privacy Class
Quesada v. Banc of America Investment Services, No. 11-cv-01703 (N.D. Cal.) (Feb. 19, 2013) Judge Rogers. Denying class certification. A California client of Merrill Lynch (successor-in-interest to Banc of America Investment Services) sued the investment firm alleging that it violated California’s Invasion of Privacy Act by surreptitiously recording her conversations with Merrill employees. She sought […]
Consent Issues Doom Privacy Class
Jamison v. First Credit Services, Inc., No. 12 C 4415 (N.D. Ill.) (Mar. 28, 2013) Judge Kendall. Denying class certification. A Honda customer sued First Credit Services (Honda’s debt collection firm) under the Telephone Consumer Protection Act alleging that First Credit obtained his cellphone number illegally through “skip-tracing” (a fancy term for investigative research). The […]
Click Here for Class Action: Illinois Court Gives the Green Light to Huge Internet Privacy Class
Harris v. comScore, Inc., No. 11 C 5807 (N.D. Ill.) (Apr. 2, 2013) Judge Holderman. Granting class certification in part. Everybody shops on the Internet these days. comScore developed software that tracks consumers’ online behavior. Consumers download the software in exchange for incentives like free third-party software. Each person who downloads comScore’s software agrees (through […]