2008 through 2018 combined. If other states succeed in enacting similar statutes, businesses can expect similar surges in those states, as the filing numbers in Illinois continue their upward trend. In 2023, there were over 450 privacy class action lawsuits filed in federal courts across the country (excluding BIPA class actions in Illinois). Set out below is a chart showing the states where privacy class actions were most prolific – with California unsurpsiringly at the top. Equally unsurpsising, Illinois and New York finished second and third. These jurisdictions tend to be breeding grounds for class actions generally, and privacy class actions in particular, as they are home to many businesses at the forefront of the modern technological evolution. In 2023, courts referenced the BIPA in 86 rulings, including 75 in federal court and 11 in state court. In 2022, courts referenced the BIPA in 99 rulings, including 93 in federal court and six in state court. This is an increase from the numbers seen in 2021, when the BIPA was referenced only 74 times.
Various provisions of state privacy, anti-surveillance, and wiretap statutes have generated a similar impact, fueling creativity by the plaintiffs’ class action bar as it looks to apply many pre-existing laws to challenge the use of innovative and novel technologies that companies use to collect information about consumers and their online activities. Over the past year, plaintiffs have filed a barrage of class action lawsuits under the federal Video Privacy Protection Act (VPPA). Congress originally passed the VPPA in 1988 to prevent the wrongful disclosure of video tape sale and rental records. Plaintiffs have filed lawsuits under the VPPA against companies that offer video content on their websites. The VPPA prohibits a “video tape service provider” from knowingly disclosing personally identifiable information concerning any consumer of such provider.” 18 U.S.C. § 2710(b)(1). The statute defines a
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© Duane Morris LLP 2024
Duane Morris Privacy Class Action Review – 2024
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