Grokking the Supreme Court's TransUnion Decision

Grokking the Supreme Court’s TransUnion Decision

A class of plaintiffs sued the credit bureau TransUnion, alleging that they were improperly placed on a “watch list” that TransUnion offered to supplement credit reports. TransUnion’s watch list was designed to help businesses avoid transacting with people who were…

'365 for Business' Users' Privacy Lawsuit Dismissed--Russo v. Microsoft

‘365 for Business’ Users’ Privacy Lawsuit Dismissed–Russo v. Microsoft

Users of “Microsoft 365 For Business” allege oversharing by Microsoft, which translates into claims under (1) the Wiretap Act and the Stored Communications Act; (2) Washington’s Consumer Protection Act; (3) the Washington one-party consent phone statute; and (4) common law….

1H 2021 Quick Links, Part 3 (Content Moderation, Censorship, Privacy, & More)

Content Moderation * NYT: Inside Twitter’s Decision to Cut Off Trump * Axios: All the platforms that have banned or restricted Trump so far * NY Times: What Happened When Trump Was Banned on Social Media * NY Times: Mark…

Comments on Arkansas' "Online Marketplace Consumer Inform Act" (SB 470)

Comments on Arkansas’ “Online Marketplace Consumer Inform Act” (SB 470)

It’s hard to keep up with the tsunami of new Internet laws at the state level, and I had some difficulty finding the actual text of this law as passed (I couldn’t see it at the legislative website’s page for…

Did Facebook Commit Tortious Interference Against BrandTotal?–Facebook v. BrandTotal

BrandTotal installs (with the users’ consent) researchware that collects data from Facebook, including automated pings for data that the user has the right to view but never requested to browse. BrandTotal bypasses Facebook’s API so it can obtain information not…

Section 230 Preempts Fair Credit Reporting Act (FCRA) Claims--Henderson v. Source for Public Data

Section 230 Preempts Fair Credit Reporting Act (FCRA) Claims–Henderson v. Source for Public Data

Section 230 and the Fair Credit Reporting Act (FCRA) have always had an implicit conflict. The FCRA is an old-school regulation of electronic databases run by credit reporting agencies, who gather and republish third-party data. As a result, any FCRA…

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

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

This post recaps the court decisions analyzing the California Consumer Privacy Act (CCPA) so far. I only know of seven opinions as of May 1, 2021, a number that struck me as surprisingly small. (If you think I’m missing any,…

Amazon Can’t Force Arbitration of Minors’ Privacy Lawsuit Over Alexa Recordings–BF v. Amazon

Minors allege that Amazon’s Alexa service improperly stores or utilizes their voiceprints. The district court denied Amazon’s request to force arbitration of the claims based on the fact that the plaintiffs, who were minors, were not signatories (or had not…

Ninth Circuit Rejects Lawsuit Over Hijacked Facebook Account--Long v. Dorset

Ninth Circuit Rejects Lawsuit Over Hijacked Facebook Account–Long v. Dorset

Long is a book author. He ran a Facebook business page to promote his work. An interloper, using the alias “Tammy Dorset,” gained administrator access to the Facebook page. Once in control of the page, Dorset allegedly posted items that…

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

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 on the dark web. Plaintiff asserted the typical claims, but…