Ninth Circuit Rules Verizon Customers Can Sue Turn Inc. Over Hidden “Zombie Cookies”

Ninth Circuit Rules Verizon Customers Can Sue Turn Inc. Over Hidden "Zombie Cookies"

The Ninth Circuit Court of Appeals has ruled that a contract arbitration clause that Verizon imposed on its subscriber customers cannot bar a class action against internet advertiser Turn, Inc. over data collected from customers without their knowledge or permission. Online advertising company Turn is being sued by Verizon Wireless cellular subscribers in federal court in California over privacy violations on claims that the company improperly monitored and tracked consumers’ online behavior through their phones. Turn allegedly attached hidden undeletable “zombie” tracking cookies to harvest customers’ web browsing and usage data. [Read more…]

Mattel Cancels Plans to Sell New Smart-Home Device for Kids Due to Child Privacy Concerns

Mattel Cancels Plans to Sell New Smart-Home Device for Kids Due to Child Privacy Concerns

Multinational toy manufacturer Mattel has announced the cancellation of plans to sell a child-focused smart-home hub device due to privacy concerns. The company states it will not placing the Aristotle product on the market because it “didn’t fully align with Mattel’s new technology strategy,” according to the Washington Post. The toy giant faced a significant outcry from child privacy advocates after initial announcements of Aristotle’s wide range of functions and information-gathering capabilities. [Read more…]

Law360 Op-Ed Piece: Equifax Breach Reminds Us Why We Need The 7th Amendment

Law360 Op-Ed Piece: Equifax Breach Reminds Us Why We Need The 7th Amendment

Law360 has published an op-ed by law professor Jean Sternlight entitled “Equifax Breach Reminds Us Why We Need The 7th Amendment.” The piece takes a close and strong critical look at forced arbitration in the U.S., grounding the battle over forced arbitration’s destructive effects in the 7th Amendment to the U.S. Constitution and the right of all citizens to a jury trial in civil cases. [Read more…]

Mark Chalos Talks to News3 Memphis on the Massive Equifax Hack & How Consumers Can Protect Their Information

Mark Chalos Talks to News3 Memphis on the Massive Equifax Hack & How Consumers Can Protect Their Information

With 143 million Americans affected by the massive Equifax data breach and a greater than 50-50 chance that any given individual’s personal information has been stolen by hackers, Lieff Cabraser attorney Mark Chalos has some advice for consumers across America. “They never came to us and said is it okay if we keep your Social Security number and take your home address and work address and other important information and store it somewhere. They never asked us to do that, they just did it and apparently they were careless with it.” Chalos is emphatic: “It is absolutely time that the American consumer asks the legislators why are you letting these companies do this?” [Read more…]

Equifax Data Breach Disaster: Security Freezes and Other Actions Consumers Can Take

data breach credit cards consumer fraud

Amid widespread reports of Equifax’s staggeringly huge data breach announced late last week, wherein the detailed personal financial information for over 143 million Americans was stolen from Equifax, data safety and privacy advocates recommend that placing a security freeze on your credit reporting file is the single best action you can take to try to minimize the serious damage that the Equifax data breach may cause. [Read more…]

Massive Equifax Security Breach Highlights How Pervasively Arbitration Clauses Erode Consumer Rights

Massive Equifax Security Breach Highlights How Pervasively Arbitration Clauses Destroy Consumer Rights

Major credit reporting agency Equifax recently revealed it had suffered a staggeringly large data breach that exposed the personal information of 143 million consumers to hackers. The cybersecurity fiasco escalated when consumers discovered Equifax included a mandatory arbitration clause in its response of a year of free credit monitoring ($30/year thereafter) in an attempt to eliminate victims’ rights to sue the company individually or by way of class action lawsuits. [Read more…]

Ninth Circuit Ruling Revives Class Action Status for Turn Inc. Smartphone “Supercookies” Case

Ninth Circuit Ruling Revives Class Action Status for Turn, Inc. Smartphone ‘Supercookies’ Case

The Ninth Circuit Court has ruled that internet marketing company Turn Inc. cannot use agreements between Verizon and Verizon customers that include mandatory arbitration clauses to shield itself from privacy violation lawsuits over allegedly illegal tracking and exploitative advertising. Consumers generally loathe such “forced arbitration” provisions as they deprive them of their rights to challenge fraud and improper practices in court, relegating their claims instead to what are considered to be biased, paid-for-by-the-offending-companies arbitration hearings. [Read more…]

Court Grants Preliminary Approval to Anthem Data Breach Litigation Settlement

$115 million Anthem settlement

U.S. District Court Judge Lucy Koh has granted preliminary approval to a $115 million settlement in litigation relating to Anthem Inc.’s 2015 data breach, which exposed the personal and medical information of nearly 80 million customers of the healthcare giant. Lieff Cabraser serves as Class Counsel in the case, along with Altshuler Berzon, Cohen Milstein, and Girard and Gibbs. The settlement includes credit protection and reimbursement for Anthem customers, and if approved, will be the largest data-breach settlement to-date. [Read more…]

Child Privacy Violations by Disney, Viacom, Others May Lead to New Kind of Privacy Lawsuit

Child Privacy Violations by Disney, Viacom, Others May Lead to New Kind of Privacy Lawsuit

Red Tape Chronicles reports on the child privacy lawsuits filed last week by Lieff Cabraser and co-counsel against defendants including Disney and Viacom over allegations that dozens of kids’ apps and games illegally track children’s usage and data through mobile phones and other internet-connected devices. The cases focus in part on an “intrusion upon seclusion” claim, an intentional invasion into the private affairs of a given individual, in this instance millions of children throughout the U.S. “I think the lawyers caught Mickey with his shorts down,” said Jeff Chester, director of the Center for Digital Democracy. [Read more…]