Consumer

Biometric Data Privacy Act Class Action Dismissed for Lack of Actual Injury

Class actions under BIPA have surged as facial recognition and fingerprinting become more common.

August 17, 2018

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Consumer

Better Business Bureau Launches Advertising Complaint Service

BBB started a service for consumers to lodge false advertising complaints. Wonderful.
November 28, 2018
Consumer

Continuing to use a model in advertising after expiration of the original license may cost millions

GNC incurred over $1M in damages for using a model’s photo longer than the license allowed.
November 5, 2018
Consumer

Hope for Business Operators With Website Accessibility Cases In New York?

Apple beat an ADA web accessibility suit in SDNY on standing grounds. The plaintiff had filed over 800 federal web accessibility suits since 2017, inspiring this comment from the judge: There is nothing inherently wrong with filing duplicative lawsuits against multiple defendants if the harms to be remedied do exist and are indeed identical. But those who live by the photocopier shall die by the photocopier. By failing specifically to assert any concrete injury, Plaintiff’s claims fail as a matter of law.
April 15, 2019
Consumer

SDNY Dismisses Website Accessibility Lawsuit Based on Mootness and Lack of Personal Jurisdiction

Kroger successfully dismissed a web accessibility suit in SDNY on mootness (because of remedial steps taken to comply with WCAG 2.0) and personal jurisdiction grounds.
June 11, 2019
Consumer

Washington, D.C. Weighs in on Auto-Renewal Programs

D.C. passed auto-renewal legislation that’s gaining popularity across the country.
May 20, 2019
Consumer

Website Access and Other ADA Title III Lawsuits Hit Record Numbers

The DOJ considers websites to be “places of public accommodation” but still hasn’t offered any rules or guidance. Because compliance remains a mystery, litigation has exploded—over 1,000 federal cases in the first half of 2018 alone.
July 17, 2018
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