
Keypoint: In this post: (1) Standing may depend on how specific plaintiffs’ complaint is; (2) the 2nd Circuit adopts the 3rd and 9th Circuit’s narrower interpretation of PII under the VPPA; (3) Promises in privacy policies not to share user data can defeat consent defenses; (4) class action waivers in privacy agreements may face enforceability challenges in California; (5) courts closely scrutinize technical specifics in claims involving PHI.
This is our twenty-fourth installment in our data privacy litigation report covering decisions from the previous month. If you have any thoughts on what you’d like to see (either in content or form) from these posts, please don’t hesitate to reach out and let us know.
There are many courts currently handling data privacy cases across the nation. Although illustrative, this update is not intended to be exhaustive. If there is another area of data privacy litigation about which you would like to know more, please reach out. The contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated. If you are interested in tracking developments between blog posts, consider following us on LinkedIn.
Finally, for an overview of current U.S. data privacy litigation trends and issues, click here.