Consumer Protection

Expert Analysis

• 5 Ways To Reduce Risk Under Ill. Biometric Privacy Law

  

  The Illinois Supreme Court's decision last month in Rosenbach v. Six Flags resolves much of the uncertainty about when an individual may bring suit under the Illinois Biometric Information Privacy Act. Now is the time for companies to ensure BIPA compliance, say attorneys with Fenwick & West LLP.

• Opinion

  The Problem With 'Optimal' Diversity

  

  Organizations should seek to avoid discrimination, but they should also be wary of the idea that diverse teams function better than nondiverse teams, because this reasoning lacks evidence and can lead to a slippery slope, says J.B. Heaton of J.B. Heaton Research LLC.

• An Important Class Issue The High Court Left Unresolved

  

  In Campbell-Ewald v. Gomez, the U.S. Supreme Court left unanswered the question of whether a class plaintiff’s claim is rendered moot if complete relief is provided. If a recent Second Circuit case — Geismann v. ZocDoc — is appealed, the Supreme Court could provide needed clarity, say attorneys at Drinker Biddle & Reath LLP.

• Identifying Jurors Who Are Susceptible To The Reptile Strategy

  

  A recent survey we conducted suggests that jurors who are most susceptible to the "reptile" strategy — convincing them that the defendant is a threat — can be preemptively identified by gauging their reaction to specific safety concerns, says Christina Marinakis of Litigation Insights.

• Class Cert. Is Next Frontier Of Data Breach Litigation

  

  Much has been written about establishing Article III standing in data breach cases, but the obstacles plaintiffs must overcome to win class certification are less explored. So far, one case — Smith v. Triad of Alabama — offers insight into this somewhat uncharted territory, say Nicole Rekant and Stevan Pardo of Pardo Jackson Gainsburg PL.

• Where Calif. Privacy Law And Employee Benefits Data Collide

  

  For covered businesses, the California Consumer Privacy Act's broad use of the term “consumer” means that the new law could apply to data collected about California residents under health, retirement and other employee benefit plans, say attorneys with Hunton Andrews Kurth LLP.

• Recent Trends In FTC Consumer Protection Enforcement

  

  The Federal Trade Commission is focusing its enforcement efforts on financial services, web services and emerging technologies, data security and consumer privacy, telecommunications, and health care — these five areas represented 88 percent of consumer protection actions in 2017 and 2018, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

• Lowered Bar For BIPA Lawsuits Will Raise Insurance Issues

  

  The Illinois Supreme Court's recent ruling in Rosenbach v. Six Flags is likely to continue the proliferation of Biometric Information Privacy Act litigation, in turn leading to more insurance coverage disputes over whether BIPA claims involve "personal and advertising injury" or "property damage," says Jonathan Viner of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

• Fresh Takes On Seeking Costs And Fees Under Rule 45

  

  Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena. Nonparties responding to such requests should consider certain district court trends, say attorneys at Pepper Hamilton LLP.

• 3 Steps To Get Ahead Of ADA Web Accessibility Issues

  

  Recent web accessibility cases — like a class action targeting Beyonce's website — highlight the lack of guidance in the Americans with Disabilities Act. But there are a few ways to make web content more accessible and reduce exposure to ADA claims, says Amihai Miron, co-founder and CEO of User1st.