consumer data privacy – First Class Defense

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Massachusetts Court Denies Certification of Privacy Class Action for Failure to Meet Ascertainability Requirement

March 26, 2025 / May 14, 2025 by Samih Eloubeidi

On February 14, 2025, in Therrien v. Hearst Television, Inc., the District of Massachusetts denied a motion for class certification due to the plaintiff’s failure to meet the implied ascertainability requirement of Rule 23. The court concluded that the named plaintiff’s claims for unlawful disclosure of personally identifiable information could not be maintained on a […]

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Federal Courts in the First Circuit Continue to Grapple with Privacy Class Action Claims

July 18, 2024 / July 18, 2024 by Melanie Conroy

In 2023, we discussed the uptick in data privacy and cybersecurity class action lawsuits; as expected, this trend has persisted throughout 2024 as plaintiffs continue to test new theories of liability and the boundaries of constitutional standing. In privacy class actions before the federal courts of the First Circuit, plaintiffs have brought state tort and […]

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Supreme Court Declines to Take Up Circuit Split on Whether Courts May Grant Class Certification by Averaging Different Class Member Damages

April 30, 2024 by Melanie Conroy

On April 29, 2024, the Supreme Court issued an Order List indicating that certiorari had been denied in Brinker International, Inc. v. Steinmetz, Docket No. 23-648. The Eleventh Circuit Brinker Decision Brinker was a July 2023 Eleventh Circuit decision affirming class certification and holding that class members’ exposure of their payment information to the dark web […]

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New England Cybersecurity and Data Privacy Class Action Filings Soar in 2023

September 8, 2023 by Melanie Conroy

Earlier in 2023, we launched our New England and First Circuit Class Action Tracker, as a tool to analyze class action litigation trends in Massachusetts, Maine, New Hampshire, and Rhode Island. In July, we updated our tracker to include data through the second quarter of 2023. A review of new filings submitted during that latest […]

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First Circuit Revives Data Breach Class Action Claims in Webb v. Injured Workers Pharmacy, LLC

July 27, 2023 by Melanie Conroy

Courts and class action counsel have been considering what kinds of injuries can confer standing to pursue federal claims following the Supreme Court’s 2021 decision in TransUnion LLC v. Ramirez, which held that the defendants’ alleged actions that “deprived [plaintiffs] of their right to receive information in the format required by statute” was not sufficient […]

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District of Massachusetts Dismisses Data Breach Class Action for Lack of Injury

November 16, 2022 by Melanie Conroy

On October 18, 2022, in Webb v. Injured Workers Pharmacy, LLC, the District of Massachusetts dismissed a class action complaint brought by former pharmacy patients alleging that their sensitive personal information had been exposed in a data breach affecting more than 75,000 customers. In its analysis, the court determined that the named plaintiffs and putative […]

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Supreme Court Addresses Concrete Harm, Limits Standing in FCRA Class Action

June 28, 2021 by Melanie Conroy

On June 25, 2021, the Supreme Court issued its much-anticipated 5-4 ruling in TransUnion LLC v. Ramirez. In a 27-page decision by Justice Kavanaugh, the Court reversed the Ninth Circuit’s decision upholding the certification of a class of 8,185 consumers whom the credit reporting agency TransUnion had mistakenly labeled as potential terrorists and drug traffickers. […]

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First Circuit Holds That College Does Not Owe Fiduciary Duties to Students, Rejects Data Privacy Class Action Claims

April 3, 2020 by Melanie Conroy

On March 25, 2020, the First Circuit Court of Appeals in Squeri v. Mount Ida College upheld the lower court’s dismissal of prospective and former Mount Ida College students’ claims against the college and its Board of Trustees arising from the college’s abrupt closure and sale of its campus to UMass Amherst in May 2018. […]

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The District of Massachusetts Orders that Comcast Subscribers Must Individually Arbitrate Privacy Class Action Claims

November 15, 2019 / November 18, 2019 by Melanie Conroy

On November 4, 2019, in Wainblat v. Comcast Cable Communications, LLC, et. al., No. 19-cv-10976, the District of Massachusetts ordered that a consumer privacy class action against Comcast must be arbitrated on an individual basis because the claims are subject to a valid and enforceable arbitration provision. Against a backdrop of rapidly expanding consumer class […]

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With Massachusetts’ Consumer Data Privacy Bill Still Under Consideration, Student Data Privacy Class Action Fails In Federal Court

May 29, 2019 / May 30, 2019 by Melanie Conroy

As we have recently reported, the Massachusetts legislature is currently considering a comprehensive data privacy law that would create a private right of action for consumers who allege a violation of any provision of the proposed law. Last week, a Massachusetts federal court dismissed a data privacy class action, concluding that the plaintiffs failed to […]

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Tag: consumer data privacy

Tag: consumer data privacy

Massachusetts Court Denies Certification of Privacy Class Action for Failure to Meet Ascertainability Requirement

Federal Courts in the First Circuit Continue to Grapple with Privacy Class Action Claims

Supreme Court Declines to Take Up Circuit Split on Whether Courts May Grant Class Certification by Averaging Different Class Member Damages

New England Cybersecurity and Data Privacy Class Action Filings Soar in 2023

First Circuit Revives Data Breach Class Action Claims in Webb v. Injured Workers Pharmacy, LLC

District of Massachusetts Dismisses Data Breach Class Action for Lack of Injury

Supreme Court Addresses Concrete Harm, Limits Standing in FCRA Class Action

First Circuit Holds That College Does Not Owe Fiduciary Duties to Students, Rejects Data Privacy Class Action Claims

The District of Massachusetts Orders that Comcast Subscribers Must Individually Arbitrate Privacy Class Action Claims

With Massachusetts’ Consumer Data Privacy Bill Still Under Consideration, Student Data Privacy Class Action Fails In Federal Court