Increasing Litigation Related To Website Technology And Data Sharing

Over the past year, there have been a growing number of lawsuits, including class actions, filed against website operators in various states — including California, Florida, Illinois, and Pennsylvania — for violations of state wiretapping laws or the Video Privacy Protection Act of 1988 (VPPA).

At a high level, these wiretapping lawsuits claim that the website intercepts website user and visitor information via session replay technology and other tracking technology in violation of certain state […]

By | February 14th, 2023 ||

Illinois Supreme Court Decides That 5-Year Statue Of Limitation Applies To All Claims Under The Illinois Biometric Information Privacy Act

Today, the Illinois Supreme Court issued its much-anticipated decision in Tims v. Black Horse Carriers, which determined whether the one-year or five-year statute of limitation applies to claims filed under the Illinois Biometric Privacy Act. In the landmark decision (found here), the Court veered from the Illinois Appellate Court’s splicing of limitations and claims and decided that the “catch-all” five-year statute of limitation applies to all BIPA claims.
Background
The Tims lawsuit has been pending since March […]

By | February 12th, 2023 ||

ADA Title III Federal Lawsuits Numbers Are Down But Likely To Rebound In 2023

eyfarth Synopsis: The number of ADA Title III lawsuits filed in federal court dropped by 24 percent, the lowest since 2017, and California is no longer the epicenter.

ADA Title III case filings in federal court had been on a sharp upward trajectory since we started compiling these statistics in 2013. That year, there were only 2,722 lawsuits nationwide. Eight years later, in 2021, there were 11,452 such lawsuits. In-between, year over year increases ranged […]

By | February 9th, 2023 ||