After years of litigation in federal courts across the country over purported Telephone Consumer Protect Act (TCPA) violations, there has been a recent shift in focus to what is known as mini-TCPAs being enacted by state legislatures which seek to regulate intrastate telemarketing communications. In particular, dozens of putative class actions have been filed over
Today, the Illinois Supreme Court issued its much-anticipated decision in Tims v. Black Horse Carriers, which determined whether the one-year or five-year statute of limitation applies to claims filed under the Illinois Biometric Privacy Act. In the landmark decision (found here), the Court veered from the Illinois Appellate Court’s splicing of limitations
Seyfarth Synopsis: In 2022, the Third Circuit Court of Appeals revived a class action lawsuit asserting violations of the Pennsylvania Wiretapping and Electronic Surveillance Control Act (“WESCA”). The lawsuit alleged that an online retailer and its marketing agency violated WESCA by tracking visitors’ activity on the website through the use of session replay code. Following
Seyfarth’s Commercial Litigation practice group is pleased to provide the third annual installment the Commercial Litigation Outlook, where our nationally-recognized team provides insights about litigation issues and trends to expect in 2023.
The continuing global tumult and increasing chances for a recession will weigh heavily on the litigation outlook for 2023. We expect an uneven
Over the past year, a barrage of class action lawsuits asserting violations of the Video Privacy Protection Act (“VPPA”)—a vintage Reagan-era federal consumer privacy law—has shed light on potential liability facing companies that embed video content onto company websites and simultaneously collect and share consumer viewing data in the course of marketing analytics.
The VPPA
From court closures and the way judges conduct appearances and trials to the expected wave of lawsuits across a multitude of areas and industries, the COVID-19 outbreak is having a notable impact in the litigation space—and is expected to for quite some time.
To help navigate the litigation landscape, we are kicking off a webinar
Even before the COVID-19 pandemic, businesses around the world had been bracing for the financial and operational 
impact of the new California Consumers Privacy Act (“CCPA”), which took effect January 1, 2020. Despite existing and ongoing uncertainty around how to comply and interpret the law, the courts had already began seeing private class actions brought
Synopsis: On December 6, 2019, the Federal Trade Commission issued a unanimous ruling against political data firm Cambridge Analytica for violating Section 5 of the FTC Act by misrepresenting that it would not download personally identifiable information when it in fact harvested this information from over 50 million Facebook users. Specifically, Cambridge Analytica represented that
On Thursday, July 11, 2019, a diverse group of trade associations spanning numerous industries, including retail, telecom, manufacturing, and food and beverage, urged Congress to enact a consumer privacy law. In a letter to the Senate and House commerce committees, the coalition of 27 industry groups asked Congress “to act quickly to adopt a robust
In light of the recent uptick in litigation involving the decade-old Illinois Biometric Information Privacy Act (BIPA), the Illinois state legislature is now considering amending the Act to allow for business efficiency and to bring the Act back to what some believe to be its original intent.
Continue Reading BIPA: Exemptions May Be On The Horizon For The Decade-Old Statute