A Practicable Legal Blog on Consumer Class Actions
Episode 13 is now live. In this Episode, we discuss wiretap and tracking pixel claims under the Federal Wiretap Act and the different ways those claims are being plead and litigated, including application of the crime tort exception.
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Episode 12 is now live. In this episode of Consumer Counterpoint, we sit down with Gina Ferrari, National Chair of Seyfarth’s Litigation Department, for a practical and insightful discussion on the rise of mass arbitration. We break down what mass arbitration is, why it has become a flashpoint for companies in recent years, and how plaintiffs’ firms are leveraging it strategically. Gina shares key trends, the pros and cons for businesses, the risks of misuse and abuse, and the real‑world considerations organizations should weigh when designing or revisiting their arbitration programs. We also look ahead at how the landscape is evolving and what in‑house teams can expect next.
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In this Consumer Counterpoint Quick Take episode, we discuss the Illinois Appellate Court’s recent decision in Salinas, et al. v. Surestaff, LLC, et al., 2026 IL App (3d) 250239, which is a significant win for defendants navigating Illinois Biometric Information Privacy Act (BIPA) litigation. The Third District Appellate Court affirmed summary judgment for the staffing‑agency defendants, holding that ministerial involvement with a biometric timeclock system is not enough to establish a Section 15(b) violation. The court emphasized that BIPA liability requires actual acquisition or control of biometric data, not merely proximity to or facilitation of another entity’s collection. By rejecting plaintiffs’ “conduit” theory and reaffirming that Section 15(b) applies only when a defendant collects, captures, receives, or otherwise obtains biometric information, the Court reinforced an important limiting principle—one that curbs expansive theories seeking to rope peripheral actors into BIPA suits. For companies that interact with biometric systems but do not access or control biometric data, this decision provides meaningful clarity and a much‑needed guardrail against overbroad liability.
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In this Quick Take Episode, we discuss the Supreme Court’s recent grant of certiorari on a Sixth Circuit decision holding that an individual who subscribes to an email newsletter is not a “consumer” under the VPPA.
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Episode 11 is now live. In a previous episode, we discussed the Texas amendments to its mini-TCPA statute that went into effect in 2025. This episode provides an update related to the registration requirements under that statute and the clarifications provided by the Texas Office of Attorney General and Secretary of State on certain types of telephone solicitations that are not subject to those requirements.
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Episode 10 is now live. This Episode discusses the “Quiet Hours” provision of the TCPA and the viability of a claim where prior express written consent was obtained from the consumer. It also discusses the wave of cases making such allegations and state statutes that also contain “Quiet Hours” restrictions.
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Episode 9 is now live. In this Episode, Kristine is joined by guest and colleague Danny Riley to discuss privacy compliance on consumer facing websites including opt-out rights and regulators’ enforcement in this area.
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Episode 8 is now live. In this episode of Consumer Counterpoint, we discuss the type of consumer class action cases that were trending in 2025 as well as which trends we expected to continue into 2026. We also discuss which key issues in these cases we expect to see substantive rulings on in 2026.
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Episode 7 is now live. In this episode of Consumer Counterpoint, co-hosts Kristine Argentine and Paul Yovanic dive into a recent California federal court decision in Doe v. Eating Disorder Recovery LLC – a defense-friendly summary judgment ruling under the California Invasion Privacy Act (CIPA). Tune in as Kristine and Paul break down the decision, what it means for businesses using web tracking tools, and why the court called CIPA “a total mess.”
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Episode 6 is now live. On July 1, 2025, Colorado expanded its privacy protections with a major amendment to the Colorado Privacy Act (CPA), introducing new obligations for businesses and employers handling biometric identifiers and biometric data. This update imposes requirements around notice, consent, retention, and security—even for entities not previously subject to the CPA. In this episode of Consumer Counterpoint, co-hosts Kristine Argentine and Paul Yovanic break down what the amendment means, how it compares to other biometric privacy laws, and share initial impressions on navigating this untested regulatory landscape.
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