Many businesses use customer support software that may include call recording features to help ensure a better customer service experience. A California federal court dismissed a wiretapping lawsuit filed against a software company offering this software tool (TalkDesk), holding that TalkDesk’s alleged recording of customers’ conversations with clothing retailers “is simply not private or personal enough to confer [Article III] standing.” See Lien, et al., v. Talkdesk, Inc., No. 24-CV-06467-VC, 2025 WL 551664 (N.D. Cal. Feb. 19, 2025).Continue Reading Recording of Customer Service Call “Not Private or Personal Enough” to Confer Article III Standing
Article III Standing
Illinois Federal Court Rejects Fiji Water Microplastics Case
By Marc Capuano on
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 similar types of contamination allegations.
In Daly et al. v. The Wonderful Company, LLC, 2025 WL 672913 (N.D. Ill. Mar. 3, 2025) plaintiffs alleged that Fiji’s claim that its water is “natural artesian water” are deceptive because the product bottles contain microplastics. Id. at *1. Plaintiffs brought claims under five state consumer protection laws and sought to represent a class of consumers allegedly harmed by microplastics in the bottles. Id. The company moved to dismiss the complaint, arguing (among other things) that plaintiffs had not plausibly alleged that the Fiji Water bottles actually contained microplastics and that plaintiffs lacked standing to pursue injunctive relief. Id. at *2, *6. Because plaintiffs failed to allege that the water bottles contained microplastics, TWG argued that they could not identify any deceptive statement giving rise to their claims. Id. at *6.
On March 3, the court agreed and dismissed plaintiffs’ complaint for two reasons.Continue Reading Illinois Federal Court Rejects Fiji Water Microplastics Case
Fourth Circuit Concludes TransUnion Demands Evidence of Injury for All Class Members
By Jeffrey Huberman on
In TransUnion LLC v. Ramirez, the Supreme Court held that “every class member must have Article III standing in order to recover individual damages.” 594 U.S. 413, 427, 431 (2021) (cleaned up). Post-TransUnion, courts have grappled with that guidance, especially as to whether a class that contains uninjured class members may permissibly be certified. As set forth in our recent post, the Supreme Court has granted certiorari in Laboratory Corporation of America Holdings v. Davis to address a circuit split on that issue.Continue Reading Fourth Circuit Concludes TransUnion Demands Evidence of Injury for All Class Members
Supreme Court to Decide If Presence of Uninjured Class Members Defeats Class Certification
By Jonah Panikar & Andrew Soukup on
On January 24, the Supreme Court granted certiorari in Laboratory Corporation of America Holdings v. Davis to address a long-unsettled issue central to class-action litigation: “Whether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the proposed class lack any Article III injury.”Continue Reading Supreme Court to Decide If Presence of Uninjured Class Members Defeats Class Certification
Pennsylvania Court Dismisses A Trio of Defendants in Website Wiretapping Suit Challenging Email Marketing Program
By Connor Kennedy & Matthew Verdin on
A Pennsylvania court recently dismissed a wiretapping complaint filed against a trio of defendants for lack of Article III standing, lack of personal jurisdiction, and failure to state a claim in Ingrao v. Addshoppers, Inc., 2024 WL 4892514 (E.D. Pa. Nov. 25, 2024).
The two plaintiffs in this case…
Continue Reading Pennsylvania Court Dismisses A Trio of Defendants in Website Wiretapping Suit Challenging Email Marketing ProgramColorado Federal Court Dismisses Data Breach Class Action for Lack of Article III Standing
By Nathan Lange on
A Colorado federal judge recently granted a motion to dismiss a putative class action against two healthcare software companies arising from a 2022 data breach in which a threat actor allegedly accessed personally identifiable information (“PII”) and protected health information (“PHI”) in “over 250,000 patient records.” See Henderson v. Reventics, LLC, 2024 WL 5241386 (D. Colo. Sept. 30, 2024).Continue Reading Colorado Federal Court Dismisses Data Breach Class Action for Lack of Article III Standing
Ohio Federal Court Grants Summary Judgment on Right of Publicity and Invasion of Privacy Claims Involving Yearbook Photos
By Françoise Djoukeng on
The Northern District of Ohio recently granted summary judgment to Ancestry.com in a putative class action asserting that Ancestry.com violated plaintiff’s rights to publicity and privacy by using his yearbook photos in marketing materials without consent. See Wilson v. Ancestry.com, 2024 WL 3992356 (N.D. Ohio Aug. 27, 2024).Continue Reading Ohio Federal Court Grants Summary Judgment on Right of Publicity and Invasion of Privacy Claims Involving Yearbook Photos
Ninth Circuit Holds Courts Cannot Decide Factual Disputes in Standing Challenges Where Standing and Merits Analyses Are Intertwined
By Amy Heath on
Posted in Article III Standing, Ninth Circuit
Under Ninth Circuit precedent, when a defendant brings a factual challenge to jurisdiction, the district court may resolve factual disputes so long as the jurisdictional and merits inquiries are not intertwined. But where the jurisdictional and merits inquiries are intertwined, the court must treat the motion like a motion for summary judgment and “leave the resolution of material factual disputes to the trier of fact.” The Ninth Circuit recently confirmed that the same rules apply to a factual challenge to Article III standing.Continue Reading Ninth Circuit Holds Courts Cannot Decide Factual Disputes in Standing Challenges Where Standing and Merits Analyses Are Intertwined
California Federal Court Denies Class Certification in Data Privacy Case
By Kanu Song & Eric Bosset on
A California federal judge has denied class certification in a data privacy lawsuit against Yodlee, Inc., finding that the proposed class representatives lacked Article III standing and failed to satisfy Rule 23’s typicality and adequacy requirements. Covington represents Yodlee in this action. Clark v. Yodlee, No. 20-cv-05991-SK (N.D. Cal.)…
Continue Reading California Federal Court Denies Class Certification in Data Privacy CaseMultiple Claims Dismissed from Putative Class Action Involving Cyber Attack on Data Storage Devices
A federal court in the Northern District of California recently dismissed the majority of claims from a putative class action against Western Digital, in which plaintiffs claim that alleged security flaws in the manufacturer’s data storage devices allowed cyber hackers to access and delete plaintiffs’ data. See Riordan v. W. Digital Corp., No. 21-CV-06074-EJD, 2024 WL 2868152 (N.D. Cal. June 5, 2024). The court previously granted in part Western Digital’s motion to dismiss with leave to amend.Continue Reading Multiple Claims Dismissed from Putative Class Action Involving Cyber Attack on Data Storage Devices