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In Moser v. Health Ins. Innovations, Inc., No. 17-cv-1127-WQH-KSC, 2019 U.S. Dist. LEXIS 132790 (S.D. Cal. Aug. 2, 2019), Judge Hayes certified a TCPA class. Under the TCPA, each plaintiff was injured when an autodialed or prerecorded call was sent to their wireless or residential phone. Whether the autodialed or prerecorded call came from a device located in the offices… Read More

In Patel v. Facebook, Inc., No. 18-15982, 2019 U.S. App. LEXIS 23673 (9th Cir. Aug. 8, 2019), the Court of Appeals for the 9th Circuit found that a class could be certified under the Illinois Biometric Privacy Act. The facts were as follows: When a new user registers for a Facebook account, the user must create a profile and agree… Read More

Severson's own Joseph Guzzetta will moderate a panel of experts for The Rutter Group on the California Consumer Privacy Act.  The panel will consist of Mr. Guzzetta of the Firm's San Francisco office, Payal Mehra, the Senior Director of Privacy of RingCentral; and Rick Arney, Boardmember of Californians for Consumer Privacy and co-Author of the California Consumer Privacy Act.  A… Read More

In Izor v. Abacus Data Sys., No. 19-cv-01057-HSG, 2019 U.S. Dist. LEXIS 130865, at *6-9 (N.D. Cal. Aug. 5, 2019), Judge Gilliam refused to stay a TCPA case under the Primary Jurisdiction doctrine. "The primary jurisdiction doctrine allows courts to stay proceedings or to dismiss a complaint without prejudice pending the resolution of an issue within the special competence of… Read More

In In re Google Inc., No. 17-1480, 2019 U.S. App. LEXIS 23467, at *2-5 (3d Cir. Aug. 6, 2019), the Court of Appeals for the Third Circuit remanded the Google class action "cy-pres only" settlement back to the District Court for further evaluation. The defendant, Google Inc., created a web browser "cookie" that tracks an internet user's data (think following… Read More

In Galea v. Wells Fargo Bank, N.A., No. 2:19-cv-00386-JAM-AC, 2019 U.S. Dist. LEXIS 129028 (E.D. Cal. Aug. 1, 2019), Judge Mendez addressed the proper reporting of Chapter 13 bankrupt accounts. Galea filed for Chapter 13 bankruptcy in September 2012. FAC ¶ 39. Over the next five years, she made all the payments required under her bankruptcy plan. FAC ¶¶ 42-49.… Read More

In re Brinker Data Incident Litig., No. 3:18-cv-686-J-32MCR, 2019 U.S. Dist. LEXIS 128573 (M.D. Fla. Aug. 1, 2019), Judge Corrigan allowed a data-breach class action to proceed.  Hackers accessed Brinker's data network and installed malware on point-of-sale ("POS") systems at many Chili's restaurants, which Brinker owns, develops, operates, and franchises.  Brinker publicly announced the breach on May 12, 2018, stating: ”On May… Read More

In Marna Paintsil Anning v. Capital One Auto Fin., No. 19-cv-01686-KAW, 2019 U.S. Dist. LEXIS 128039, at *8-9 (N.D. Cal. July 31, 2019) , Judge Westmore said that an FCRA Plaintiff can get past the pleadings on an FCRA Re-investigation claim where the Plaintiff can allege specific inaccuracies with  reporting, no response from regarding the dispute, and that the credit… Read More

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