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.
Judge David O. Carter, in the Central District of California, made the following findings on a motion to dismiss: the CCPA is not retroactive despite allegations of an ongoing pattern and practice; the CCPA does not include a private right of action for "§§ 1798.100(b), 110(c), and 115(d)"; the "disclosure of consumers’ non-anonymized data was not a result of a… Read More
On a motion to dismiss, Judge Denise Cote of the Southern District of New York, dismissed Plaintiffs' CCPA cause of action. In re Waste Mgmt. Data Breach Litig., No. 21cv6147 (DLC), 2022 U.S. Dist. LEXIS 32798, at *18-19 (S.D.N.Y. Feb. 24, 2022). [T]he [complaint] fails to state a claim for violation of the CCPA, because it does not plausibly allege… Read More
Addressing what constitutes a cure under the current version of the CCPA, Judge Cote in the Southern District of New York, held that: the [Complaint] fails to state a claim for violation of the CCPA, because it does not plausibly allege that Waste Management breached its "duty to implement and maintain reasonable security procedures and practices appropriate to the nature… Read More
In Danfer-Klaben v. JPMorgan Chase Bank, N.A., No. SACV 21-262 PSG (JDEx), 2022 U.S. Dist. LEXIS 25553, at *16-17 (C.D. Cal. Jan. 24, 2022), Judge Gutierrez in the Central District of California held that: The CCPA provides relief to "any consumer whose nonencrypted and nonredacted personal information . . . is subject to an unauthorized access . . . or… Read More
On October 6, 2021, Governor Newsom signed several new bills into law: AB 1391 Adds section 1724 to the Civil Code and makes it unlawful for anyone to sell or sell access to data that was unlawfully obtained. Similarly, it is unlawful for anyone to buy or use data that they know, or should know, was unlawfully obtained. AB 694 … Read More
In Walmart v. Gardiner, Judge Koh - again and for a final time - held that the CCPA was not retroactive. Plaintiff [] argues that the allegation that he discovered his PII for sale in 2019 is “clearly the result of scrivener’s error.” (Opp. at 2.) The Court’s previous Order put Plaintiff on notice that his CCPA claim could not… Read More
In Karter v. Epiq Systems, Inc., et al., Judge Carney denied Epiq's Motion to Dismiss the CCPA cause of action. For two reasons, the Court found that Plaintiff sufficiently alleged Epiq is a "business" under the CCPA and therefore, subject to the private right of action. "First, Plaintiff alleges that in order to perform its services, which it performs pursuant to… Read More
In Gardiner v. Walmart Judge Koh held that the CCPA was not retroactive. The CCPA went into effect on January 1, 2020, and it does not contain an express retroactivity provision. See Cal. Civ. Code § 1798.198 (providing the CCPA “shall be operative January 1, 2020); see also Cal. Civ. Code § 3 (“[n]o part of [this Code] is retroactive, unless expressly so declared.”). Moreover,… Read More
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
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
