November 13, 2013. Privacy litigation in state and federal courts across the nation of claims alleging violations of federal and state consumer privacy laws is on the rise. The cases range from multidistrict nationwide federal class action privacy claims, tried in federal court to administrative proceedings claims brought under the Fair Credit Reporting Act (FCRA) and related state statutes. The privacy laws at issue encompass every major privacy regulation, including the FCRA, the privacy rules under the Gramm Leach Bliley Act, the Health Insurance Portability and Accountability Act (HIPAA), and analogous state laws. Every regulated industry is subject to privacy regulation and includes credit bureaus, insurance companies, banks and other financial institutions, cable companies, pharmacies, health care providers, consumer information trade associations, and other businesses which use consumer information.

Even though privacy plaintiffs have had a difficult time establishing an actionable level of damages in privacy cases (see Rudgayzer v. Yahoo!, Ruiz v. Gap, In re Facebook Privacy Litigation, and Krottner v. Starbucks as examples of courts rejecting what they characterized as conjectural allegations of harm; however, rulings in Resnick v. AvMed, Burrows v. Purchasing Power, and In re Sony Gaming Networks are thought to be promising rulings for plaintiffs), privacy litigation is going to increase.

Do you think the best way to prepare for a major data breach is to experience a major data breach--after your first, they are all routine? Are you prepared? If not, contact me today to learn more.

Subscribe Our Blog

Posts by Topic

DISCLAIMER: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. By visiting this website, blog, or post you understand that there is no attorney client relationship between you and the Goosmann Law Firm attorneys and website publisher. No information contained in this post should be construed as legal advice from Goosmann Law Firm, PLC, or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.