Blog - Page 3 of 215 - Klein Moynihan Turco

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Paramount Decision: Sixth Circuit Upholds Dismissal of VPPA Claims

In Sum: Introduction On April 3, 2025, the Sixth Circuit Court of Appeals affirmed the dismissal of a plaintiff’s Video Privacy Protection Act (“VPPA”) lawsuit brought against Paramount Global (“Defendant”). In Salazar v. Paramount Global, Mr. Salazar (“Plaintiff”) alleged that Defendant violated the VPPA by knowingly disclosing: 1) his personally identifiable information (“PII”); and 2) […]

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Major CIPA Wiretap Decision!

Blog, Data & Privacy Law, Telemarketing Law / David Klein

California Invasion of Privacy Act (“CIPA”) wiretapping claims against online businesses are topics with which our readers are well-versed. Inconsistent court decisions about whether wiretapping claims under CIPA apply to the use of third-party tracking technologies have only fueled the continued assertion of these claims. However, the latest CIPA wiretap decision brings these claims into

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Set Telemarketing to Snooze: Telemarketing Quiet Hours Lawsuits on the Rise!

Blog, Telemarketing Law / David Klein

As our readers are aware, the legality of telemarketing during quiet hours has been a hot topic in recent months. Last week, another putative class action Complaint was filed as a result of text messages that the Plaintiff alleges he received outside the hours of 8:00 a.m. and 9:00 p.m. In Valero v. Fizzies Sweets,

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Washington Email Marketing Climate Has Changed!

Blog, Data & Privacy Law, Online Marketing & Advertising Law / David Klein

Last week, the Washington State Supreme Court issued a ruling which is anticipated to have significant implications for going-forward compliance with the Washington email law, the Commercial Electronic Mail Act (“CEMA”). What are the compliance obligations under the Washington email marketing law? As long-time readers of this blog know, state and federal email statutes generally

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CIPA and CCPA – Worlds Are Colliding!

Blog, Data & Privacy Law / David Klein

Topics that we often discuss on this blog are the use of third-party tracking tools and the California Invasion of Privacy Act (“CIPA”). Less discussed of late, however, is the California Consumer Privacy Act (“CCPA”) which, like CIPA, provides consumers with a private right of action. Until recently, private lawsuits brought under the CCPA typically

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Managing Partner David Klein Applauds Ruling Dismissing CIPA Lawsuits by Testers Without Injury

Publications / Klein Moynihan Turco

April 9, 2025 by Kara Thompson Testers, those who seek privacy violations with the goal of filing lawsuits, lack Article III standing to sue for pen register and wiretapping infractions under the California Invasion of Privacy Act (CIPA), according to a decision from the U.S. District Court for Central California Friday. In case 24-08735, plaintiff

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VPPA lawsuits video game CIPA person holding video game controller red purple light

VPPA Lawsuit Against Major Video Game Studio Dismissed

Blog, Data & Privacy Law, Internet Law, Telemarketing Law / David Klein

On April 2, 2025, the United States District Court for the Northern District of California granted Defendant’s Motion to Dismiss in Lakes et al. v. Ubisoft, Inc. In Lakes, Among other eavesdropping claims, Plaintiffs alleged that Defendant violated the Video Privacy Protection Act (“VPPA”) and California Invasion of Privacy Act (“CIPA”) by: 1) disclosing their

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man typing on a mac white desk advertising tracking tool TCPA FCC CIPA

Use of Tracking Tools Requires Notice and Consent!

Blog, Data & Privacy Law, Internet Law / David Klein

When browsing the internet, consumers are accustomed to being presented with advertisements for products for which they previously had searched. Through use of third-party tracking tools, companies are able to monitor visitor activity on their websites to, among other things, provide targeted advertising. Although consumers rarely read them, companies often disclose the use of these

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