Earlier this year, we covered the dismissal of a putative class action asserting Video Privacy Protection Act (VPPA) claims against the operators of a Texas Longhorns email newsletter. A judge in the Western District of Texas has now dismissed those claims, along with a newly asserted Wiretap Act claim, with prejudice. See Brown v. Learfield Commc’ns, LLC, 2024 WL 1477636 (W.D. Tex. June 27, 2024). Continue Reading District Court Again Rejects VPPA, Wiretap Claims Against University Newsletter Service
Federal District Court Applies Excessive Fines Clause of Constitution To Reduce Civil Statutory Penalties
Defendants in privacy class action lawsuits increasingly face assertions by plaintiffs and putative class members that they should be awarded statutory penalties that vastly exceed any purported actual damages. A recent decision under the False Claims Act reinforces the constitutional limitations plaintiffs may face in pursuing these outsized awards.
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Continue Reading Federal District Court Applies Excessive Fines Clause of Constitution To Reduce Civil Statutory PenaltiesCalifornia Superior Court Certifies Class of Android Users
A California Superior Court recently certified a putative class action of California residents “who have used mobile devices running the Android operating system to access the internet through cellular data plans provided by mobile carriers.” See Order Concerning: (1) The Parties’ Expert Exclusion Motions; and (2) Plaintiffs’ Class Certification Motion
Continue Reading California Superior Court Certifies Class of Android Users