Court decisions addressing “pen register” claims brought under the California Invasion of Privacy Act (“CIPA”) have started trickling in after last year saw an uptick in these claims targeting businesses’ use of website tools. Two more California courts recently joined a growing trend dismissing pen register claims, but they did so on new grounds: one
Inside Class Actions
The latest developments and trends affecting class actions
Ninth Circuit Shoots Down Fee Award in Data Breach Class Action
The Ninth Circuit recently reversed an $800,000 attorney fee award in a data breach class action because the award accounted for too large a portion of the total value of the settlement. In re California Pizza Kitchen Data Breach Litig., — F.4th —, 2025 WL 583419 (9th Cir. Feb. 24, 2025).…
No Final Judgment, No Attorneys’ Fees: The Supreme Court Clarifies the Meaning of “Prevailing Party” in Lackey v. Stinnie
In Lackey v. Stinnie, the Supreme Court has clarified who qualifies as a “prevailing party” eligible for attorneys’ fees under certain statutes. The decision carries significant implications for the availability of attorneys’ fees in class action cases where defendants are able to moot claims before a court enters a final judgment.
At issue…
FedArb Updates Mass Arbitration Rules to Incorporate Affirmation Requirement
By Devon Schulz
Companies with arbitration agreements should carefully consider potential arbitration providers’ mass arbitration procedures and fee structures if they could be at risk of becoming the target of a mass arbitration. FedArb, an ADR provider, recently updated its consumer and employment Mass Arbitration Rules to include a robust affirmation requirement, similar to the “reasonable inquiry” standard…
New Jersey Court Applies CIPA’s Party Exception to Pixel Wiretap Complaint
Last month, a New Jersey federal judge applied Third Circuit precedent to hold that the California Invasion of Privacy Act (“CIPA”) does not impose liability for commonplace use of website marketing/analytics pixels under the well-established party exception. Cole v. Quest Diagnostics, Inc., 2025 WL 88703 (D.N.J. Jan. 14, 2025).…
Illinois Supreme Court Rules That Plaintiff Lacks Standing to Bring Putative Data Breach Class Action
The Illinois Supreme Court recently ruled that the named plaintiff in a putative data breach class action lacked standing to pursue her claims given that her private personal information had not actually been misused by a third party.…
Fourth Circuit Concludes TransUnion Demands Evidence of Injury for All Class Members
In TransUnion LLC v. Ramirez, the Supreme Court held that “every class member must have Article III standing in order to recover individual damages.” 594 U.S. 413, 427, 431 (2021) (cleaned up). Post-TransUnion, courts have grappled with that guidance, especially as to whether a class that contains uninjured class members may permissibly be certified. As…
Court Takes Wind Out of the Sails of Yacht Sellers’ Antitrust Suit
The U.S. District Court for the Southern District of Florida recently dismissed an antitrust class action brought by yacht sellers against yacht brokers, brokerage trade associations, and multiple listing services for preowned yachts. In Ya Mon Expeditions LLC v. International Yacht Brokers Association Inc., 1:24-cv-20805, the yacht sellers alleged that yacht brokers conspired through trade…
Pennsylvania District Court Judge Remands Case After Finding No Article III Standing to Bring Wiretapping Claim
After removing a lawsuit brought against it in Pennsylvania state court under the Wiretapping and Electronic Surveillance Control Act (“WESCA”) to the United States District Court for the Eastern District of Pennsylvania, Prime Hydration LLC argued in its motion to dismiss that the plaintiff lacked Article III standing. Judge Nitza I. Quiñones Alejandro agreed and…
Third Circuit Affirms That Individual Inquiries Into Consent Preclude Class Certification
By Stephen Rees
The Third Circuit recently affirmed a district court’s ruling in a Telephone Consumer Protection Act (“TCPA”) case that rejected class certification because individualized questions about consent precluded predominance. Conner v. Fox Rehabilitation Servs., P.C., 2025 WL 289230 (3d Cir. Jan. 24, 2025).
In Conner, a plaintiff brought a putative TCPA class action alleging that the…