In Borden v. Efinancial, LLC, No. C19-1430JLR, 2021 U.S. Dist. LEXIS 153086, at *13-16 (W.D. Wash. Aug. 13, 2021), Judge Robart dismissed a TCPA case based on Duguid. In this context, Mr. Borden's allegations are insufficient to establish that eFinancial's system is an ATDS. He alleges that eFinancial's system uses a sequential number generator to select which stored phone numbers to… Read More
In Loyhayem v. Fraser Fin. & Ins. Servs., No. 20-56014, 2021 U.S. App. LEXIS 23660, at *2-8 (9th Cir. Aug. 10, 2021), the Court of Appeals for the 9th Circuit held that a TCPA plaintiff adequately pleaded a claim for relief for a call that left a pre-recorded message. The plaintiff in this case, Jonathan Loyhayem, filed this action under the… Read More
In Canady v. Kaps & Co. (USA) Ltd. Liab. Co., No. 4:20-CV-1253-CLM, 2021 U.S. Dist. LEXIS 148878, at *7-9 (N.D. Ala. Aug. 9, 2021), Judge Maze found that an FDCPA Plaintiff stated a 1692e(8) claim. Kaps also argues that Canady's complaint fails to state a claim under § 1692e(8) because Canady alleges that she disputed the debt only after Kaps… Read More
In Brooks v. Thomson Reuters Corp., No. 21-cv-01418-EMC, 2021 U.S. Dist. LEXIS 154093, at *18-22 (N.D. Cal. Aug. 16, 2021), Judge Chen found that the CCPA did not insulate CLEAR from a claim asserting that CLEAR improperly sold consumer data. The facts were as follows: Thomson Reuters "aggregates both public and non-public information about millions of people" to create "detailed… Read More
A South Carolina District Court Judge denied Blackbaud's Motion to Dismiss a claim for violation of the California Consumer Privacy Act. In re Blackbaud_ Inc._ 2021 U.S. Dist. LEXIS 151831 (August 12, 2021). Here, California Plaintiffs adequately allege that Blackbaud qualifies as a "business" under the CCPA. First, they specifically maintain that "Blackbaud and its direct customers determine the purposes… Read More
In TopDevz, LLC v. LinkedIn Corp., No. 20-cv-08324-SVK, 2021 U.S. Dist. LEXIS 145186, at *9 (N.D. Cal. Aug. 3, 2021), Judge Van Keulen dismissed with leave to amend a group of small businesses' challenge to LinkedIn's charges overstating the level of actual user engagement with ads placed on the LinkedIn platform in order to charge premium rates to advertisers. The… Read More
In In re Ge/Cbps Data Breach Litig., 2021 U.S. Dist. LEXIS 146020, at *16-18 (S.D.N.Y. Aug. 4, 2021), Judge Polk Failla found Article III standing and a negligence case arising out of a data breach. The facts were as follows: GE contracts with Canon to process documents relating to current and former GE employees and their beneficiaries. (Compl. ¶ 41).… Read More
In Capriole v. Uber Techs., No. 20-16030, 2021 U.S. App. LEXIS 22738, at *35-40 (9th Cir. Aug. 2, 2021), the Court of Appeals for the 9th Circuit held that injunctive relief designed to benefit only a defined class of individuals is not "public" injunctive relief under Blair. Nevertheless, Plaintiffs argue that their request for preliminary relief classifying them as employees is one… Read More
In In re Sonic Corp. Customer Data Sec. Breach Litig. Fin. Insts., No. 1:17-md-2807, 2021 U.S. Dist. LEXIS 142001, at *5-6 (N.D. Ohio July 30, 2021), Judge Gwin refused to seal some of the data breach investigation from the Sonic data breach hack. In 2017, unidentified third parties accessed Sonic customers' payment card data. The hackers obtained customer payment card… Read More
In Buell v. Credit.com, No. 4:21-cv-01055-KAW, 2021 U.S. Dist. LEXIS 142763, at *1 (N.D. Cal. July 30, 2021), Judge Westmore refused to strike TCPA class allegations following Barr v. APAC. On April 19, 2021, Defendant Credit.com, Inc. filed a motion to strike Plaintiff Angela Buell's class allegations on the grounds that the recent United States Supreme Court decision in Barr… Read More
In Toney v. Advantage Chrysler-Dodge-Jeep, No. 6:20-cv-182-WWB-EJK, 2021 U.S. Dist. LEXIS 141242, at *8 (M.D. Fla. July 27, 2021), Judge Embry denied class certification in a "ringless" voicemail message TCPA class action. In the Amended Complaint, Plaintiff alleges that he, and others similarly situated to him, received a "ringless" voicemail with a pre-recorded message from Advantage. (Doc. 40 ¶¶ 31,… Read More
In Walmart v. Gardiner, Judge Koh - again and for a final time - held that the CCPA was not retroactive. Plaintiff [] argues that the allegation that he discovered his PII for sale in 2019 is “clearly the result of scrivener’s error.” (Opp. at 2.) The Court’s previous Order put Plaintiff on notice that his CCPA claim could not… Read More
In In re Rutter's Data Sec. Breach Litig., No. 1:20-CV-382, 2021 U.S. Dist. LEXIS 136220, at *2 (M.D. Pa. July 22, 2021), Judge Mahalchick ordered production of an investigative report from a cybersecurity consultant prepared in response to a data breach. Now before the Court is a discovery dispute regarding the production of an investigative report which was created after… Read More
In In re FDCPA Mailing Vendor Cases, Civil Action No. 21-2312, 2021 U.S. Dist. LEXIS 139848, at *14-19 (E.D.N.Y. July 23, 2021), Judge Brown dismissed a series of Hunstein-based cases due to lack of standing under Ramirez. Each case addressed herein invokes a recently-developed "mailing vendor" theory - alleging that the defendant debt collector employed an outside firm to print and… Read More
In Karter v. Epiq Systems, Inc., et al., Judge Carney denied Epiq's Motion to Dismiss the CCPA cause of action. For two reasons, the Court found that Plaintiff sufficiently alleged Epiq is a "business" under the CCPA and therefore, subject to the private right of action. "First, Plaintiff alleges that in order to perform its services, which it performs pursuant to… Read More
In Wood v. Sec. Credit Servs., LLC, No. 20-cv-02369, 2021 U.S. Dist. LEXIS 135926, at *5 (N.D. Ill. July 19, 2021), Judge Norgle denied summary judgment against a debt collector due to a question of fact regarding the debt collector's knowledge of a dispute regarding the reporting of the debt. The District Court outlined the legal standards under 15 USC… Read More
In Williams v. Big Picture Loans, LLC, Civil Action No. 3:17-cv-461, 2021 U.S. Dist. LEXIS 135397, at *3-5 (E.D. Va. July 19, 2021), Judge Payne certified a class action against a payday lender. The facts surrounding this lawsuit have been recounted by the Court on numerous occasions. See, e.g., MEM. OP., ECF No. 944. The facts of this case are,… Read More
In Dudley v. Solar, No. 21-659, 2021 U.S. Dist. LEXIS 135609 (E.D. Pa. July 21, 2021), Judge Pandora held that DNC claims exist for calls placed to cellular telephones. Vision Solar argues that Plaintiffs have no cognizable private right of action under § 227(c) of the TCPA because they fail to allege facts that give rise to a plausible inference… Read More
Today, the CFPB Announced that the Federal Financial Institutions Examination Council ("FFIEC") issued a new booklet in the FFIEC Information Technology Examination Handbook series, titled “Architecture, Infrastructure, and Operations.” The CFPB noted that the booklet provides expanded guidance to help financial institution examiners assess the risk profile and adequacy of an entity’s information technology architecture, infrastructure, and operations. Implied in… Read More
In In re Ring LLC Privacy Litig., No. CV 19-10899-MWF (RAOx), 2021 U.S. Dist. LEXIS 118461, at *8 (C.D. Cal. June 24, 2021), Judge Fitzgerald ordered the purchasers' claims to arbitration, but not so for the non-purchasers whose data allegedly was improperly gathered and/or shared. The allegations were that The FAC alleges that Ring's security systems were defectively designed without… Read More
