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Documents on Class Actions, Internet & E-Commerce
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|Data Breach Litigation on the Rise—Eleventh Circuit Allows Data Breach Putative Class Action to Proceed|
Corey M. Dennis, David M. Governo; Governo Law Firm LLC;
March 13, 2013, previously published by The Privacy Advisor on November 8, 2012A recent decision from the U.S. Court of Appeals for the Eleventh Circuit may lead to an uptick in data breach litigation. In Resnick v. AvMed, Inc., 693 F.3d 1317 (11th Cir. 2012), the Eleventh Circuit, addressing issues of first impression, held that the plaintiffs’ allegations of injury...
|California Supreme Court: Online Retailers May Require Personal Info for Electronic Downloads|
Michael L. Mallow, Michael A. Thurman; Loeb & Loeb LLP;
February 20, 2013, previously published on February 2013Online retailers do not violate California's credit card privacy law by requiring consumers to provide personal information, including their addresses and phone numbers, as a condition of accepting credit card payments for electronic downloads, the California Supreme Court ruled Feb. 4, 2013. A...
|The California Supreme Court Finds Online Transactions for Downloadable Products Are Not Covered by the Song-Beverly Credit Card Act|
Michelle C. Doolin, Michael G. Rhodes; Cooley LLP;
February 8, 2013, previously published on February 7, 2013On February 4, 2013, in the case of Apple v. Superior Court (Krescent) the California Supreme Court reversed the Court of Appeal's denial of defendant Apple Inc.'s petition for writ of mandate for review of the trial court's order overruling Apple's demurrer. The lawsuit alleged that Apple had...
|Are Your Company’s Consumer Terms and Conditions Enforceable?|
Adrianne C. Strong, David J. Treacy; Dinsmore & Shohl LLP;
December 20, 2012, previously published on December 13, 2012Internet giant Paypal recently joined Sony, Microsoft, and Netflix to become one of the latest major companies to include a provision banning consumer class actions in its terms of service. Such waivers now frequently appear in consumer agreements along with arbitration clauses, governing law...
|Not So Fast: Recovering Plaintiff Attorneys’ Fees in Non-Monetary Class Action Settlements Just Got Harder|
Timothy Newman; Haynes and Boone, LLP;
September 19, 2012, previously published on September 13, 2012It is not uncommon in class actions for parties to reach a settlement that provides non-monetary relief to the plaintiffs and a payment of attorneys’ fees to class counsel. In August, however, a California federal court denied preliminary approval of such a settlement. The court questioned...
|Arizona District Court Enforces Contractual Provision Shortening Statute of Limitations Period|
Melissa B. Francis, Archis A. Parasharami, Kevin S. Ranlett; Mayer Brown LLP;
August 24, 2012, previously published on August 23, 2012 On August 15, 2012, a federal court in Arizona dismissed a putative class action asserting false-advertising claims against internet domain-name registrar GoDaddy.com. See WineStyles, Inc. v. GoDaddy.com, LLC, No. 2:12-cv-00583-SRB (D. Ariz. Aug. 15, 2012). In doing so, the court enforced a...
|California District Court Dismisses Privacy Class Action Lawsuit against LinkedIn|
Amy Crafts; Proskauer Rose LLP;
August 15, 2012, previously published on August 8, 2012A California District Court has dismissed with prejudice a class action lawsuit filed against LinkedIn on behalf of its registered users, finding the allegations too speculative to sustain a lawsuit. An earlier Complaint filed by one of the representative Plaintiffs was dismissed by the Court...
|He "Likes" Me, He "Likes" Me Not - Facebook's Sponsored Stories Lawsuit and the Proposed Class Settlement|
Elizabeth S. Berman; Sheppard, Mullin, Richter & Hampton LLP;
August 3, 2012, previously published on July 30, 2012Facebook, Inc. was sued in a class action last year over one of its advertising practices called “Sponsored Stories,” which typically consist of a Facebook Friend’s name, profile picture, and an assertion that the person (your Facebook Friend) “likes” an advertiser,...
|Facebook Resolves User Right of Publicity Claims Concerning Sponsored Stories Advertising|
Barry M. Benjamin, Andrew I. Gerber; Kilpatrick Townsend & Stockton LLP;
July 11, 2012, previously published on July 3, 2012Facebook recently settled a class-action lawsuit stemming from Facebook’s alleged unauthorized use of users’ photographs in ‘sponsored stories’ advertisements on its site. The class action plaintiffs alleged that Facebook’s use of their images in “Sponsored...
|Class Action Targets Facebook for In-App Purchases by Kids, May Fuel Interest in Mobile App Regulation|
Tracy P. Marshall, Sheila A. Millar, Crystal N. Skelton; Keller and Heckman LLP;
April 23, 2012, previously published on April 19, 2012A class action lawsuit has been filed against Facebook alleging that the company improperly made money off in-app "credits" that were purchased by minors. In Bohannon, et al. v. Facebook, Inc., No. 12-cv-01894 (N.D. Cal., March 8, 2012), the Plaintiff alleges that she gave her son...