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May 7, 2024
|2 min read
Google Agrees to Scrub Users’ “Incognito” Browsing Data, But is Left with More Litigation
On April 1, 2024, Google agreed to settle a class action brought by Google Chrome users regarding their web-browsing histories under the “Incognito” option.
The action—filed in 2020 in the Northern District of California—alleged that for years, Google had been tracking individuals using Chrome’s incognito
browsing mode.
The action—filed in 2020 in the Northern District of California—alleged that for years, Google had been tracking individuals using Chrome’s incognito
browsing mode.
January 23, 2024
|2 min read
Court Issues Clearer Guidance for Standing in “Session Replay” Litigation
On December 5, 2023, the U.S. District Court for the Eastern District of Pennsylvania in In Re: BPS Direct, LLC, and Cabela’s, LLC, Wiretapping (No.
2:22-cv-04709) dismissed several proposed class action claims on “session replay” software, limiting the viability of these suits in federal court.
2:22-cv-04709) dismissed several proposed class action claims on “session replay” software, limiting the viability of these suits in federal court.
May 10, 2023
|3 min read
D.C. Circuit Rejects Rule Against “Fail-Safe” Class Certification
In In re White, 2023 WL 2763812 (C.A.D.C., 2023), the D.C. Circuit—splitting with several other circuit courts—reversed a district court’s order that denied
class certification because the plaintiffs sought to certify a “fail-safe” class. While acknowledging the recognized criticisms of fail-safe classes, the D.C. Circuit
held that a standalone rule against fail-safe classes is an inappropriate and “extra-textual” limitation on certification.
class certification because the plaintiffs sought to certify a “fail-safe” class. While acknowledging the recognized criticisms of fail-safe classes, the D.C. Circuit
held that a standalone rule against fail-safe classes is an inappropriate and “extra-textual” limitation on certification.
February 10, 2023
|2 min read
When You Hear Hoofbeats, Think Privacy. Illinois Case Expands Potential Liability in BIPA Cases
On February 2nd the Illinois Supreme Court decided Tims v. Black Horse Carriers, clarifying that all claims under Illinois’s Biometric Information Privacy Act
(BIPA) are subject to a five-year—not one-year—statute of limitations.
(BIPA) are subject to a five-year—not one-year—statute of limitations.
January 30, 2023
|4 min read
“Carbon-Neutral” Advertising May Lead to Litigation
The new year will face additional lawsuits concerning carbon-neutral or net-zero emissions advertising claims. 2022 already experienced a string of similar
claims and suits. Consulting the coming updates to the FTC guidelines on the use of environmental marketing claims will help businesses navigate potential
complaints and address corporate responsibility.
claims and suits. Consulting the coming updates to the FTC guidelines on the use of environmental marketing claims will help businesses navigate potential
complaints and address corporate responsibility.
January 30, 2023
|3 min read
Court Rejects Use of Affidavits, Continuing Third Circuit’s Stringent Ascertainability Requirements
Although courts in the Third Circuit permit the use of affidavits from plaintiffs seeking class certification, they are enforcing an ascertainability requirement
that many other circuits don’t agree with. Self-identification by putative class members have not held up under the scrutiny of the Third Circuit and alike
circuits. Certifying a class may require more evidence in supplementing affidavits and validating class members.
that many other circuits don’t agree with. Self-identification by putative class members have not held up under the scrutiny of the Third Circuit and alike
circuits. Certifying a class may require more evidence in supplementing affidavits and validating class members.
October 13, 2022
|1 min read
Illinois District Court Rules That Reasonable Costco Customers are Flavor Savvy
Class action lawsuit against Costco based on “unreasonable or fanciful interpretations of labels” warrants dismissal.
April 7, 2022
|3 min read
The United States District Court for the District of New Jersey’s dismissal of several claims in Cohen v. Subaru Corporation exemplifies the utility of the
economic loss rule and puffery arguments in the class action and false-advertising contexts. Class action defendants should take note of these defenses as
an opportunity to slice at the size and scope of plaintiffs’ cases.
economic loss rule and puffery arguments in the class action and false-advertising contexts. Class action defendants should take note of these defenses as
an opportunity to slice at the size and scope of plaintiffs’ cases.
March 10, 2022
|3 min read
Recent legislative activity suggests that class litigation may soon redress what some have described as a “Pink Tax”—a concept that has allegedly resulted in
women, on average, each paying an estimated $1,350 more annually than men do for substantially similar goods and services.
women, on average, each paying an estimated $1,350 more annually than men do for substantially similar goods and services.
January 31, 2022
|4 min read
Kim Kardashian’s compensated reference to a certain cryptocurrency may have been the most widely seen financial promotion in history, as observed by an
industry expert. But is she liable to a putative class of investors who took her advice and lost money?
industry expert. But is she liable to a putative class of investors who took her advice and lost money?
January 4, 2022
|6 min read
The Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) mandating that private employers with more
than 100 employees determine the COVID-19 vaccination status of each employee by obtaining proof of vaccination. The mandate requires consistent testing
for unvaccinated employees.
than 100 employees determine the COVID-19 vaccination status of each employee by obtaining proof of vaccination. The mandate requires consistent testing
for unvaccinated employees.
December 23, 2021
|2 min read
Overdraft Fee Litigation May Follow Renewed Regulatory Interest
On December 1, 2021, Consumer Financial Protection Bureau (CFPB) Director Rohit Chopra took broad aim at overdraft fees, making the sort of remarks that
often get quoted in class-action complaints. Chopra claimed that the amount of overdraft fees incurred is a sign of a market failure, but proposed only
technological changes to make it easier to switch banks. Further, he criticized banks whose customers overdraft frequently, saying such banks sh...Read more
often get quoted in class-action complaints. Chopra claimed that the amount of overdraft fees incurred is a sign of a market failure, but proposed only
technological changes to make it easier to switch banks. Further, he criticized banks whose customers overdraft frequently, saying such banks sh...Read more
December 7, 2021
|2 min read
FTC Targets “Influencers in the Wild”
Today, companies often use endorsements and testimonials to advertise and market their products and services on both traditional and social media. Using
celebrities or other popular figures – often called “influencers” – as part of this effort is a growing trend, with industry insiders predicting that influencer
marketing may be a $10 billion dollar industry in 5 years. You’ve undoubtedly noticed (or used) the pop sensation to model a trendy brand on Ins...Read more
celebrities or other popular figures – often called “influencers” – as part of this effort is a growing trend, with industry insiders predicting that influencer
marketing may be a $10 billion dollar industry in 5 years. You’ve undoubtedly noticed (or used) the pop sensation to model a trendy brand on Ins...Read more
November 9, 2021
|3 min read
On September 15, in a decision long-anticipated by California employers, the Ninth Circuit upheld Assembly Bill (A.B.) 51, a law that prohibits employers from
requiring employees to sign arbitration agreements as a condition of employment. Arbitration agreements often contain class action waivers and thus A.B. 51
significantly impacts an employer’s ability to prevent class litigation from ensuing.
requiring employees to sign arbitration agreements as a condition of employment. Arbitration agreements often contain class action waivers and thus A.B. 51
significantly impacts an employer’s ability to prevent class litigation from ensuing.
October 15, 2021
|2 min read
A New Tool for Defendants to Combat Serial Class Action Plaintiffs
On September 30, U.S. District Court Judge Rodney Smith denied class certification in a Telephone Consumer Protection Act (“TCPA”) class action in which the
named plaintiff “deceptively” prolonged calls to bolster his claims for damages. Order Denying Plaintiff’s Motion for Class Certification, Johansen v. Bluegreen
Vacations Unlimited, Inc., No. 20-81076, at *10–11 (S.D. Fla. Sept. 30, 2021). This decision gives defendants a new tool, in TCPA matters and bey...Read more
named plaintiff “deceptively” prolonged calls to bolster his claims for damages. Order Denying Plaintiff’s Motion for Class Certification, Johansen v. Bluegreen
Vacations Unlimited, Inc., No. 20-81076, at *10–11 (S.D. Fla. Sept. 30, 2021). This decision gives defendants a new tool, in TCPA matters and bey...Read more
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Winston & Strawn’s Class Action Insider is a biweekly series that provides recent developments and emerging trends in class action law.
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