Molly Rose Jennings

2 weeks ago | jdsupra.com | Molly Rose Jennings |Ali Jessani |Kirk J. Nahra

[co-author: Ella Jenak]The Telephone Consumer Protection Act is a major source of consumer privacy litigation against companies that engage in telemarketing. This past year, there was little change in the status quo of what constitutes an autodialer under the Act—which this blog has previously noted has long been a focal point of TCPA litigation; though, as we discuss below, this continued to be an active area of litigation under the law.

1 month ago | jdsupra.com | Molly Rose Jennings |Ali Jessani |Kirk J. Nahra

Generative AI continued to be a hot topic for privacy-related litigation in 2024. In the US, companies using and deploying this technology saw themselves subject to lawsuits under various state and federal theories of liability, including state wiretapping and unfair or deceptive acts or practices laws.

1 month ago | jdsupra.com | Anneke Dunbar-Gronke |Molly Rose Jennings |Ali Jessani

In 2024, plaintiffs across the United States filed various class action cases related to web tracking technology employed by companies to enhance user experience on their websites and to improve the efficacy of their advertising. Tools like pixel systems on websites and in emails, chatbots, and session replay are used by companies to collect and analyze user activity and to tailor the digital experience to the user.

2 months ago | jdsupra.com | Molly Rose Jennings |Ali Jessani |Kirk J. Nahra

Illinois’s Biometric Information Privacy Act (BIPA) continues to drive a wave of privacy-related litigation across the United States, though a 2024 amendment to the act—the first since BIPA’s enactment in 2008—may slow the pace of cases in the years ahead. As we explain below, the BIPA amendment drastically limits the potential for large damages awards under the act by redefining the repeated collection or transmission of the same biometric data by the same party as a single BIPA violation.

2 months ago | jdsupra.com | Molly Rose Jennings |Ali Jessani |Kirk J. Nahra

The Video Privacy Protection Act (“VPPA”), a federal statute enacted in 1988, is gaining new relevance in recent years as plaintiffs bring lawsuits with the goal of enforcing online privacy rights. 2024 saw a continuation of this trend. The spike in cases brought under the VPPA has significant consequences for companies that use third-party pixel tracking tools.