10/13/2026 4:56:32 PM A Recent SDNY Decision Sets Up a First Amendment Test for Personalized Pricing Laws By Peter Devlin A recent decision from the Southern District of New York signals that personalized pricing (often called surveillance pricing) laws face...
10/8/2026 4:14:08 PM Optional Fee, Mandatory Problem: “Junk Fee” Class Actions Don’t need a Drip-Pricing Violation Anymore By Regina Gerhardt California’s Honest Pricing Law (SB 478) was supposed to settle the junk fee question. Since July 2, 2024, businesses have had to...
10/8/2026 12:40:34 PM A Denied CIPA Class Shows Why Certification Shapes Strategy By Peter Devlin On September 30, 2026, a district court in the Northern District of California denied class certification in Hinton v. Planned Parenthood...
10/5/2026 11:02:18 PM Removing the Knowledge Gap: Why Plaintiffs Avoided Litigating Wiretap Claims Against Tech Providers By Matthew Pearson I’ve spent a lot of time talking about the lifecycle of privacy claims. For the most part, they all follow the same path: ...
10/2/2026 3:11:54 AM From Collection to Use: The Next Evolution of Data Litigation By Matthew Pearson Privacy litigation has always evolved. At first, plaintiffs focused on collection. The questions were relatively simple: What information...
10/1/2026 5:42:14 PM AI Product Features Are a Growing Target in BIPA Litigation By Peter Devlin Products using AI collided this year with wiretapping statutes. A new complaint shows how plaintiffs are also turning to biometric...
9/29/2026 6:56:17 PM AI-Powered Device Faces Hybrid Class Action Theory By Caren Decter Peter Devlin We write a lot about privacy class actions. We also write a lot about false advertising class actions. Increasingly, these theories have...
9/11/2026 5:25:15 PM Mass Arbitration Has Changed the Calculus for Terms of Use By Caren Decter Peter Devlin Mandatory arbitration agreements and class action waivers are ubiquitous in consumer-facing online terms of service. Since the Supreme...
9/10/2026 5:18:09 PM SB 690- How Will It Impact Wiretapping Claims? By Caren Decter On August 28, the California Legislature passed SB 690, which eliminates the private right of action under the pen...
7/15/2026 6:48:18 PM Washington's Courts and Legislature Are Pushing Back Against The Surge of Deceptive Email Subject Line Litigation By Caren Decter Washington state has seen a surge of class action lawsuits under its Commercial Electronic Mail Act (CEMA), ch. 19.190 RCW, following the...
7/7/2026 2:55:49 AM Northern District of California Allows False Advertising Claims Against Hobby Lobby to Proceed By Regina Gerhardt California continues to serve as a hotbed for reference-pricing and false discount litigation. In a recent decision, Loza v. Hobby Lobby...
6/15/2026 10:15:42 PM Big Claims, Little Kids: Recent SDNY Decision Highlights Risks in Advertising By Regina Gerhardt A recent decision out of the Southern District of New York provides a textbook analysis of how courts evaluate advertising claims under...
6/11/2026 4:09:16 PM Email Subject Line Litigation: Washington’s CEMA Isn’t the Only Game in Town By Peter Devlin If you send marketing emails, you’re probably already aware of Washington’s Commercial Electronic Mail Act (“CEMA”). Since the Washington...
6/5/2026 9:45:13 PM Can You Smell What the Plaintiff’s Bar is Cooking? By Chessie da Parma ADA Class Actions and the Rise of “Scent-Based” Accessibility Claims If the last six months are any indication, the plaintiffs’ bar has...
6/1/2026 1:54:05 PM The Next Class-Action Trend? Plaintiffs Double Down on Tariff Refunds By Emily B. Tate If you are reading this article, you know how it works. Plaintiffs’ counsel develop a new theory of liability; They file a handful of...
5/29/2026 3:56:43 PM Rethinking Legal Risk: Technical Solutions to Online Wiretapping and Eavesdropping Legal Problems By Matthew Pearson When it comes to the third-party collection of data via JavaScript embedded in a website’s HTML code (what plaintiffs like to call...