Eighth Circuit Says a Browsewrap Might Form a Contract (and It Wasn’t Even a “Browsewrap”)–Foster v. Walmart

…they sure could have. Case Citation: Foster v. Walmart, Inc., No. 20-1787 (8th Cir. Oct. 8, 2021) Some Prior Blog Posts on Walmart Litigation CCPA Data Breach Lawsuit Against Walmart…

Privacy Lawsuit Based on Website Tracking by Service Provider Trimmed

…2011 Flash Cookies Lawsuit Tossed for Lack of Harm–La Court v. Specific Media Judge Recognizes Loss of Value to PII as Basis of Standing for Data Breach Plaintiff — Claridge…

Court Casts Doubt on the Legality of the Data Brokerage Industry–Brooks v. Thomson Reuters

…Definitions Confuse the Judge in a Data Breach Case–In re Blackbaud * A Roundup of CCPA Court Decisions (I Only Know of 7) * CCPA Data Breach Lawsuit Against Walmart…

New Primer on the California Privacy Rights Act (CPRA)

…the story told with the snark and opprobrium it deserves. Prior CCPA/CPRA Posts * CCPA Definitions Confuse the Judge in a Data Breach Case–In re Blackbaud * A Roundup of…

CCPA Definitions Confuse the Judge in a Data Breach Case–In re Blackbaud

…the data breach private right of action). Well…service providers could meet all of the statutory requirements of a business, but the whole reason to have separate definitions is that sometimes…

Grokking the Supreme Court’s TransUnion Decision

…(2021) Related posts: ‘365 for Business’ Users’ Privacy Lawsuit Dismissed–Russo v. Microsoft CCPA Data Breach Lawsuit Against Walmart Fails–Gardiner v. Walmart Data Breach Plaintiff Doesn’t Have Standing in the Absence…

A Roundup of CCPA Court Decisions (I Only Know of 7)

…enforcement actions–a surprising stat given the target-rich enforcement environment. Non-data breach PRA. The CCPA does not authorize PRAs for any statutory violations other than specified data breaches. Some plaintiffs have…

CCPA Data Breach Lawsuit Against Walmart Fails–Gardiner v. Walmart

This is a data breach lawsuit against Walmart in which plaintiff (on his own behalf and on behalf of a putative class) asserts that his data is being currently sold…

The Anticipated Domino Effect: Virginia Passes Second State “Comprehensive” Privacy Law (Guest Blog Post)

…and data breach notification laws in all 50 states, just to name a few. The history has already been painfully long for those of us practicing in privacy and data…

Data Breach Plaintiff Doesn’t Have Standing in the Absence of Fraud or Identity Theft–Tsao v. Captiva

…Privacy Policy Breach Support a Breach of Contract Claim? In re JetBlue Starbucks Data Breach Plaintiffs Rebuffed by Ninth Circuit — Krottner v. Starbucks In Hannaford Data Breach Case, First…