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Privacy & Technology Class Action Articles

The latest class action developments and trends in the privacy and technology industry, including news, key cases, and strategies.

Correlation Is Not Causation: Class Certification Denied Because Experts’ Methodologies Fail To Show Predominate Antitrust Injury For Either Direct Or Indirect Purchasers Of Optical Disk Drives

October 22, 2014 by Clifton R. Gruhn

A California federal district court denied certification of two nationwide classes, each asserting a price-fixing conspiracy for optical disk drives (“ODD”), because the plaintiffs’ experts failed to provide a viable methodology for establishing class-wide antitrust injury. The plaintiffs alleged that the defendants colluded to fix prices for ODDs, thereby preventing ODD prices from declining as quickly or as far as they would have absent the defendants’ anticompetitive ... Keep Reading »

District Court Certifies TCPA Class Over Objections to Adequacy of Named Plaintiff and Individualized Issues of Consent

October 2, 2014 by Oleg Rivkin

A New York federal district court, after holding an evidentiary hearing, certified a class for alleged violations of the Telephone Consumer Protection Act (“TCPA”).  Plaintiff alleged that the defendant, a collection agency, repeatedly called his cell phone using an automated dialing system without his consent, including after being told that he was not the party defendant was trying to reach and after plaintiff had asked to be put on a “do not call” list.  Plaintiff ... Keep Reading »

No Revival Of Class Claims For Plaintiff Who Delayed Amending His Complaint In Bad Faith

July 29, 2014 by Jacob R. Hathorn

An Illinois federal district court has ruled that a class plaintiff whose motion for class certification was denied may not avoid that outcome by amending his complaint to introduce a new legal theory and revised class definition if the complaint could have been amended prior to moving for class certification. Chapman’s initial attempt to certify claims under the Telephone Consumer Protection Act failed because the Court found that individual issues would predominate ... Keep Reading »

Sixth Circuit Affirms Class Certification in TCPA Case

July 24, 2014 by Jaret J. Fuente

The Sixth Circuit Court of Appeals affirmed class certification in a case brought under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq.  Pennsylvania-based distributor Lake City Industrial Products engaged Business to Business Solutions (B2B), a “fax-blasting” company, to transmit approximately 10,000 faxes advertising a pipe-thread sealing tape product. American Copper & Brass, a Michigan-based equipment wholesaler with no preexisting ... Keep Reading »

California District Court Denies Certification of Putative Class of Plaintiffs Alleging Violations of the Video Privacy Protection Act

June 30, 2014 by Carlton Fields

The U.S. District court for the Northern District of California denied plaintiffs’ motion for class certification because the proposed class did not satisfy Rule 23’s ascertainability and predominance requirements.  Plaintiffs’ class action complaint alleged that Hulu violated the Video Privacy Protection Act by disclosing video selections and “personally identifiable information” to third parties such as Facebook.  At the class certification hearing, the plaintiffs ... Keep Reading »

Amended Class Definition That Excludes Putative Class Member Does Not Preclude American Pipe Tolling

June 24, 2014 by Jaret J. Fuente

The Eastern District of Michigan recently held that certain claims of a putative class member were tolled under American Pipe & Constr. Co. v. Utah., 414 U.S. 538 (1974), even though the named plaintiff had unsuccessfully moved for certification of an amended class whose definition excluded the putative class member’s claims. In 2013, Plaintiff Machesney filed a Telephone Consumer Protection Act (“TCPA”) class action against Ramsgate Insurance Company in the Eastern ... Keep Reading »

District Court Applies Gulf Oil to Restrict Issuance of Arbitration Agreements to Prospective Class Members

May 14, 2014 by Carlton Fields

Drivers brought a putative class action suit against Uber Technologies (“Uber”), the licensor of a software application used to connect drivers for hire with passengers, alleging that Uber failed to remit to drivers the full amount of gratuities paid by passengers.  The court’s recent decision involved a licensing agreement that, in the wake of pending class actions, was given to prospective drivers who downloaded the app and required that all disputes be resolved ... Keep Reading »

Issue of Gmail Users’ Consent to Google’s Email-Interception Practices Defeats Class Certification

April 11, 2014 by Paul G. Williams

Google recently scored a big victory in its battle against claims that it is illegally intercepting and scanning the content of emails in order to provide personalized advertisements to Gmail users.  Plaintiffs in the various lawsuits – which were consolidated for pretrial purposes in the Northern District of California – sought certification of classes including “education” users, who use Gmail provided by their school, as well as other direct and indirect users ... Keep Reading »

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