Lawyers at Alston & Bird write: On March 23, 2025, 23andMe Holding Co. (“23andMe”) filed for bankruptcy in the Eastern District of Missouri, potentially setting in motion the sale of genetic data collected from more than 15 million people. This has led to news outlets and state Attorneys General encouraging consumers to delete their 23andMe data before it is sold…
Author: Dissent
What is Sufficient Consent?
Odia Kagan of FoxRothschild writes: The following is sufficient consent for the Video Privacy Protection Act and the California Invasion of Privacy Act, according to a recent decision in the U.S. District Court for the Northern District of California. Cookie banner + checkbox with hyperlink to privacy notice at account creation + checkbox with hyperlink…
Recording of Customer Service Call “Not Private or Personal Enough” to Confer Article III Standing
And here’s another Nope-You-Don’t-Have-Standing ruling. Matthew Verdin of Covington and Burling writes: Many businesses use customer support software that may include call recording features to help ensure a better customer service experience. A California federal court dismissed a wiretapping lawsuit filed against a software company offering this software tool (TalkDesk), holding that TalkDesk’s alleged recording…
Privacy ‘Testers’ Don’t Have Standing to Sue, Court Rules
Odia Kagan of FoxRothschild writes: If you are a “tester” who actively seeks out privacy violations and files lawsuits to ensure legal compliance (as many class action lawsuit plaintiffs are), you do NOT have Article III standing to sue, according to a recent ruling in the U.S. District Court for the Central District of California….