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In the wake of the Illinois Supreme Court decision that held that claimants need only allege a procedural violation to have standing to bring an action under the Illinois Biometric Information Privacy Act (BIPA) and the continued wave of BIPA-related litigation, the Illinois legislature is considering an amendment to BIPA that would strip the statute of its private right of action. SB2134, as currently written, would amend BIPA by deleting the private right of action and instead provide for enforcement under the Department of Labor (for violations concerning employment-related biometric data collection) or generally by the state attorney general under the state’s consumer gas near me prices protection statute. The end result would be a statute similar to Texas and Washington’s biometric privacy bills which may only be enforced by the respective state attorney general. [Note: There is also another BIPA amendment pending, HB3024, which would expand the definition of “biometric identifier” to include “an electrocardiography result from a wearable device” in an effort to keep up with the latest technologies]. Continue Reading Tags: BIPA amendment, Illinois Senate bill

In a recent blog post, we wrote about how the Second Circuit found the arbitration clause in a web service’s terms and conditions unenforceable because the user did not have reasonable notice of the terms that were communicated via a hyperlink in a post-sale email. In contrast, a New York district court recently upheld an arbitration clause in Coinbase’s account registration process and granted its motion to compel arbitration concerning claims brought by a user ( Sultan v. Coinbase, Inc., No. 18-934 (E.D.N.Y. Jan h gas l gas brennwert. 24, 2019)).

This case sheds further light on the do’s and don’ts of online electronic contracting and the enforceability of app-based terms and conditions. The decision reinforces the point that for purposes of establishing a binding agreement with a user – particularly in the context of a mobile app – simplicity and clarity of the user interface is desired. And, in particular, this case reinforces the point that has been illustrated in many cases before that the design of user registration pages should be done with the input of legal analysis as to likely enforceability. Continue Reading Tags: assent, consumer interface, enforceability, mobile app terms, online contracting

UPDATE: Subsequent to the introduction of the New York City Council biometric privacy bill, on March 5, 2019 members of the Florida legislature introduced the “ Florida Biometric Information Privacy Act” (SB 1270). The statute generally follows the Illinois Biometric Information Privacy Act (BIPA) regarding notice and consent requirements and notably provides for a private right of action and the availability of statutory damages. As with the New York City bill, we will gas number density follow the progress of the Florida bill, as well as other pending biometric privacy legislation (e.g., Montana’s HB 645, which was introduced on March 1, 2019 and is another BIPA-like bill, but only allows enforcement by the state attorney general).

In light of the recent decision by the Illinois Supreme Court in Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186 (Ill. Jan. 25, 2019) , it is worth remembering that late last year, New York City Council members Ritchie Torres (and additional co-sponsors) introduced a bill for the city council to consider electricity laws in pakistan that would regulate the use of biometric technology in New York City. Bill Int. No. 1170 (the “ Bill”) would amend Section 1, Chapter 5 of Title 20 of the Administrative Code of the City of New York and require businesses (but not governmental actors) to give notice to customers if they are collecting “biometric identifier information.” The Bill, which contains some similar provisions to the Illinois Biometric Information Privacy Act (“ BIPA”), includes a private right of enforcement but avoids the statutory standing issue litigated in Rosenbach by providing that “any person who[se] biometric identifier information was collected, retained, converted, stored or shared in violation of [the law] may commence an action.” If enacted, this bill could lead to a deluge of individual and class action suits in New York based on biometric activity. Continue Reading Tags: biometric privacy, Facial recognition, local law, New York City Council bill, notice

In Starke v. SquareTrade, Inc., No. 17-2474, 2019 WL 149628 (2d Cir. Jan. 10, 2019), the Second Circuit affirmed a ruling that denied a web service’s motion to compel arbitration, finding that the user did not have reasonable notice of the arbitration provision contained in the terms and conditions that were communicated via a hyperlink in a post-sale email.

While the court recognized that a party has a duty to read a contract, it stressed that this does not morph into a duty to “ferret out contract provisions when they are contained in inconspicuous hyperlinks,” particularly where, as in this case, the user was presented with multiple documents, each containing different sets of terms. This dispute was reminiscent of a Second Circuit case we wrote about in 2012, where the court held that a buy electricity joules now-agree later process did not provide sufficient notice to consumers of an arbitration provision contained in the post-sale terms. Continue Reading Tags: agree now – terms later contract, Electronic Contracting

In a long-awaited decision, the Illinois Supreme Court issued its ruling in Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186 (Ill. Jan. 25, 2019), on whether a person “aggrieved” by a violation of the Illinois Biometric Information Privacy gas unlimited sugar land tx Act (“BIPA”) must allege some actual injury or harm beyond a procedural violation to have standing to bring an action under the statute. Since the Court took the appeal in May 2018, businesses have been waiting for the answer to this important question, as the robust wave of Illinois biometric privacy suits against Illinois-based employers and other businesses continued apace and several Illinois courts issued disparate interpretations about what it means to be “aggrieved” under the statute.

In a disappointment to many of the defendants in pending cases, a unanimous Court in Rosenbach reversed the appellate court and ruled that an individual does not have to plead an actual injury or harm, apart from the statutory violation itself, in order to have standing to sue under BIPA. The outcome was not a complete surprise, as previous courts (such as a California federal court and an Illinois appellate court) had ruled or expressed in dicta that mere technical violations of BIPA were sufficient under the statute. Continue Reading Tags: aggrieved party, biometric privacy, BIPA, standing

Yesterday, Los Angeles City Attorney Mike Feuer filed gas zauberberg an unfair competition lawsuit on behalf of the People of the State of California against the operator of the popular Weather Channel app (“TWC app”) for allegedly failing to conspicuously disclose to users that the TWC app collects and shares users’ mobile geolocation data. ( People v. TWC Product and Technology, LLC (Cal. Super., L.A. County)). In essence, the suit alleges that the TWC app mines users’ precise geolocation data after receiving permission to gather location information to provide “personalized local weather data” without also adequately disclosing that the app also packages this data trove for advertising and analytics services unrelated to weather reporting. The City is seeking injunctive relief and civil penalties under state k electric company duplicate bill law for this alleged unfair business practice. Feuer held a press conference today further detailing the State’s position in this lawsuit and expressed his hope that this case would spur litigation in other jurisdictions and legislation on the issue. Continue Reading Tags: alternative data, anonymized data, mobile geolocation data, mobile permission prompts, mobile privacy

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