Ninth Circuit Enforces a “Browsewrap” (That Was Actually a Clickthrough)–Patrick v. Running Warehouse

This is a data breach case. Several e-commerce sites were hit, first by hackers and then by plaintiffs’ lawyers. The sites invoked their TOSes to send the data breach cases…

2023 Quick Links: Leftovers

…accessible Finally, the FTC has not even generally indicated how many device users may suffer privacy intrusions. * In re Arthur J. Gallagher Data Breach Litigation, 631 F.Supp.3d 573 (N.D….

Two Separate Courts Reiterate That Online Age Authentication Mandates Are Unconstitutional

…in COPA and the CDA. This simply does not match the evidence and declarations supported in the parties’ briefing. Users today are more cognizant of privacy concerns, data breaches have…

2H 2022 Quick Links, Part 1 (Marketing, Privacy)

…have standing to bring CCPA claims against Retail Defendants. * In re Arthur J. Gallagher Data Breach Ligation, 2022 WL 4535092 (N.D. Ill. Sept. 28, 2022) Defendants also argue that…

My Comments to the CPPA Regarding its Initial CPRA Proposed Regulations

…Industry–Brooks v. Thomson Reuters * New Primer on the California Privacy Rights Act (CPRA) * CCPA Definitions Confuse the Judge in a Data Breach Case–In re Blackbaud * A Roundup…

Dropbox’s TOS Amendment Fails (And If This Opinion Stands, Yours Will Too)–Sifuentes v. Dropbox

…Court Opinion Sifuentes got a Dropbox account in 2011. The court says Dropbox properly formed the TOS. In 2020, Sifuentes sued Dropbox for a 2012 data breach. (Why so long?…

Will California Eliminate Anonymous Web Browsing? (Comments on CA AB 2273, The Age-Appropriate Design Code Act)

…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 Fails–Gardiner v. Walmart…

Quick Links From the Past Year, Part 1 (CCPA and Privacy)

[My approach to quick links is obviously not working very well. C’est la vie.] CCPA [Since I’ve got some CCPA links, it’s an excuse to resurrect the dumpster fire meme….

My Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking

…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 Fails–Gardiner v….

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…