During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.

Effective, Experienced, Exceptional.

Firm Profile

CEB Prac. Guide § 10A.68 -- Private Right of Action for Data Breach

Subscribe to Consumer Finance

Thank you for your desire to subscribe to Severson & Werson’s Consumer Finance Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

Ambiguity in the Privacy Policy and Terms of Use Undermine Defendant’s Motion to Dismiss Based on Article III Standing. Without Sensitive Information at Issue, Plaintiff Cannot Move Forward With an Intrusion on Seclusion Claim.

by Genevieve R. Walser-Jolly |

On February 2, 2021, Judge Susan Van Keulen, in the Northern District of California, denied in part and granted in part Defendant's Motion to Dismiss.  Flores-Mendez et al v. Zoosk, Inc. et al. (N.D. CA; 3:20-cv-04929-WHA). Evaluating Article III standing based on Plaintiff's consent to Defendant's online privacy policy and terms of use, the Court held that: [i]f “the contract language… Read More

District Court (Cal.) says Plaintiffs are Entitled to Discovery on German Defendant’s Claim re Lack of Personal Jurisdiction. Under a Negligence Claim, the Sensitive Nature of Data Held By A Dating App Carried Plaintiffs over the Pleading Threshold for a Duty of Care and the Fact that the Breach Occurred was Sufficient to Plead the Element of Breach.

by Genevieve R. Walser-Jolly |

On January 28, 2021, Judge Alsup, in the Northern District of California, denied in part and granted in part Defendants' Motion to Dismiss.  Flores-Mendez et al v. Zoosk, Inc. et al. (N.D. CA; 3:20-cv-04929-WHA). Zoosk, a dating app, is a subsidiary of Spark.  Spark's principal place of business is in Berlin.  Spark filed a 12(b)(2) motion challenging the Court's personal… Read More

Severson & Werson Attorneys Publish a Litigator’s Look at What Constitutes a “Reasonable Security Procedure” Under the California Consumer Privacy Act

by Elizabeth C. Farrell |

The CCPA went live on January 1, 2020, creating a cause of action and potential liability of between $100 to $750 per person for a data breach deriving from a business' failure to maintain reasonable policies and procedures.  Unfortunately, the CCPA does not define the term "reasonable".  While compliance lawyers and consultants properly have been advising their clients to shore… Read More