Data


Pinellas Education Lawsuit on Hold as Two Sides Spar Over Performance Data for Black Students

A class-action lawsuit resurrected against the Pinellas County School Board for shortchanging the county’s black students appears to be stuck in limbo. 7 Months Ago Lawyers representing Concerned Organization for Quality Education for Black Students, or COQEBS, shared at a meeting this week that a hearing scheduled for last week was canceled and deemed unnecessary. A judge told both parties — …


Facebook Loses First Round in Facial Recognition Class Action Suit

Sorry, Facebook: that class action lawsuit over violating privacy rights with your facial recognition technology isn’t going away anytime soon. A San Francisco federal judge on Thursday refused Facebook’s request to toss the lawsuit, letting the case move forward. The lawsuit was filed by some Illinois residents under Illinois law, but the parties agreed to transfer the case to the California …



Wendy’s Faces Class Action Suit Over Data Breach

Hackers broke into Wendy’s computer systems and stole data from potentially millions of cards used at its restaurants between 22 October 2015 and 10 March 2016. Now, according to the Courthouse News Service, Pittsburgh-based First Choice Federal Credit Union has filed a suit on behalf of banks with affected customers claiming that the burger chain “refused to take steps to adequately protect …


You Can’t Escape Data Surveillance in America

Because the American credit reporting system relies on both good and bad reports of creditworthiness, a consumer must have some kind of credit—not just the absence of bad credit. (In some countries, the lack of a credit report can establish good credit). “The American system, on other hand, relies on total surveillance,” writes Chris Jay Hoofnagle in his primer on privacy law and the Federal …


Federal Appeals Court: PF Chang’s Can Be Sued Over Potential ID Theft From Data Breach

A Chicago federal appeals panel has given the P.F. Chang’s restaurant chain a case of legal indigestion, by reversing a district court’s dismissal of a class action suit brought by two diners, who claimed they were vulnerable to identity theft, because the chain’s allegedly poor data security allowed hackers to obtain diners’ debit and credit card information. The decision was delivered April …


Fourth Circuit Holds Insurance Policy Covers Defense of Data Breach Class Action

While a U.S. Court of Appeals for the Fourth Circuit ruling on a data breach insurance case was presented in a way that limits its impact, it’s still a significant win for the insured, a Los Angeles attorney says. “While the decision may not dramatically shift the playing field for data breach coverage, it still is a significant victory for policyholders because it …


Structuring a Settlement After Asserting Class Members Did Not Suffer Any Concrete Injury

Frequently, a class action complaint will set forth an elaborate theory of why the defendant’s actions were negligent or wrongful, but fall short when trying to identify how that conduct has harmed the class members. This kind of complaint invites a motion to dismiss on the grounds that the plaintiff has failed to demonstrate constitutional standing by identifying a “concrete, particularized,…